Membership criteria

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Last Updated: The Fourth Floor’s Membership Criteria and Fees Policy (the “Policy”) was last updated on June 26, 2020.

The Fourth Floor (the “Company,” “The Fourth Floor,” “we,” “us,” and “our”) provides certain criteria in order to become a member and access certain aspects of our Service or our Site (www.thefourthfloor.co). The Fourth Floor has an online application for a person (“you”) to fill out. The application, which may change with or without notice, offers two types of memberships:

 I –  MEMBERSHIP OPPORTUNITIES

The Fourth Floor aims to increase board diversity and empower women owned startups looking to scale. We are an exclusive ecosystem where members are expected to GIVE along with GET. As such, depending on background and professional experience, we offer two types of membership opportunities:

1) SEED MEMBER – A seed member must meet the following qualifications:

Executives:

· Gender - Female identifying or non-binary; and

· Role - Investors, in-house attorneys, general counsels, or C-level / senior executives; and

· Work - Full-time employment (or in transition after working) in a company environment (excluding Services Providers (defined below)); and

· Experience - With at least ten (10) years of industry experience in the company environment (excluding Service Providers).

Founders

· Gender - Female identifying or non-binary; and

· Role - Full-time founders or co-founders (if one co-founder is female identifying, the other co-founder may be male identifying) of a business (excluding solo-practitioners and consultants); and

· Growth – With business plans to substantially scale operations in the near future.

2) SUN MEMBER – A Sun Member must meet the following qualifications:

· Gender – Any; and

· Role - Executives, consultants, solo-practitioners, and allies; and

· Business – Primarily working as a “Service Provider,” in an industry that provides services focused on businesses (for example, law firm lawyers, coaches, realtors, recruiters, money managers, financial advisors, etc.).

For those who are yet to meet our membership criteria, you may choose to join The Fourth Floor’s email list. We provide programming and content for non-members. 

III –  FEES

The Fourth Floor offers programming and content to members and non-members. We charge fees to attend certain events.

1) SEED MEMBER 

The Fourth Floor does not yet charge membership fees. We will make sure that our community is aware of any applicable membership or other fees prior to charging a fee.

2) SUN MEMBER

We thank our generous sponsors and partners who enable our growth. Please email info@thefourthfloor.co for opportunities and information as to becoming a SUN member.

IV –  APPLICATIONS

The Fourth Floor reserves the right to accept or decline membership for any reason or for no reason, at any time. Although we aim for prompt communication, due to the amounts of applications, we cannot guarantee a response. 

V –  THE ROOM

The Room is The Fourth Floor’s online collection of member submitted Board Bios and Board Roles Descriptions. The Room is only accessible to those who: 1) are accepted members of The Fourth Floor; 2) submit a Board Bio and/or a Board Role; and 3) provide content that meets or exceeds The Fourth Floor’s standards. As a Service, The Fourth Floor’s Terms of Service applies to The Room, its opportunities, communications, and any connections.

If you find an opportunity through The Room, please let us know at info@thefourthfloor.co! We love to hear stories of connection and empowerment. 

VI – GENERAL

When submitting an application, a Board Bio, a Board Role Description, or any other content, you warrant that all information submitted is accurate and complete, without a material omission. If information is no longer true, you will provide an accurate update to The Fourth Floor within a timely fashion. 

By providing information, accessing the Site, or utilizing the Service in any manner, you agree to comply with The Fourth Floor’s policies including, but not limited to its Terms of Service, Privacy Policy, and Community Policy. We can amend and / or update Membership Criteria at any time. Your continued use of the Site or the Service signifies your agreement to our revisions. We will endeavor to notify you of material changes by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. For concerns or questions, contact info@thefourthfloor.co .

Last Updated: The Fourth Floor’s Community Policy was last updated on June 26, 2020.

This Community Policy (the “Policy”) are between The Fourth Floor (the “Company,” “The Fourth Floor,” “we,” “us,” and “our”) and those who use our Site (www.thefourthfloor.co) for our Service (“you”). We are committed to cultivating a healthy, respectful, and supportive ecosystem community for you, our members, guests, sponsors, affiliates, and employees. However, The Fourth Floor takes no responsibility as to the actions or communications of any person in our community. Everyone participates at their own risk. 

Any person who accesses the Site, the Service, or participates in any way agrees to:

I -  GENERAL

1) Be Kind – Lead with kindness and respect as we help grow careers and companies. You may seek out direction, ask questions, offer support, and make valuable connections. 

2) Give and Get – We all have entrepreneurial tendencies but please do not use The Fourth Floor primarily to sell a product or service or to suck knowledge from the community. No solicitation or pitching. The ecosystem will only thrive when everyone gives as much as they get.

3) Use Good Judgement – We hope everyone will use good judgement, respect each other, and contribute to the ecosystem. Please act in the spirit of The Fourth Floor. 

4) Respect Confidentiality – Generally, what happens at The Fourth Floor, stays within the community unless otherwise agreed. Offer transparency, when possible, but also be aware that some communications may contain private information and conflicts may exist in the ecosystem. Any information you learn about another person must be kept in confidence unless that person expressly permits disclosure. Please keep The Fourth Floor administrators in the loop about suggestions, concerns, and news. From time to time, members may also be asked to provide information via a survey or an interview. 

5) Avoid Demeaning, Discriminatory, or Harassing Speech or Actions 

6) Be Safe, Comply with the Law, Abide by The Fourth Floors Terms of Service and other Policies

II -  VIRTUAL AND IN PERSON EVENTS

The Fourth Floor has in person and virtual events. We ask that everyone that attends the events agrees to be present. By accepting an invitation or by registering, you agree to make best efforts to attend all events in the series (if there are multiple events). Please arrive prepared and on time and please stay for the entirety of the event. When you’re at an event, practice active listening and participation. When possible, please keep your video on. If you have a conflict, or need to be on your phone, please excuse yourself and, if possible make it brief.

III -  WRITTEN COMMUNICATIONS

The Fourth Floor offers several venues for written communication with the community. You agree that all communications will be:

1) Relevant – Ensure that your content is beneficial to the community. Avoid pitching or soliciting customers for your products or services. Please direct your reply only to the person who is requesting the information. If it seems like the community may benefit from the information received, when possible, summarize your findings and any resources in a follow-up communication. 

2) Organized – When available, use #hashtags and other organizational methods to help categorize your communications.

- #GIVE (for something you offer the group)

- #GET (for something specific you need)

- #QUESTION (for a question to the group)

- #INVITATION (for an event you’re planning)

IV -  CONSEQUENCES

Violations of the Policy will not be tolerated. Please contact info@thefourthfloor.co with disputes or concerns. The Fourth Floor’s team will handle it internally. We hope it will never come to this, but The Fourth Floor reserves the right to remove a person or content at our sole discretion. These rules are subject to change without notice.

V -  AMENDMENTS

We can amend and / or update this Policy at any time. Your continued use of the Site or the Service signifies your agreement to our revisions. We will endeavor to notify you of material changes by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information curren

Last Updated: These Terms of Service was last updated on June 26, 2020.

The Fourth Floor (the “Company,” “The Fourth Floor,” “we,” “us,” and “our”) Terms of Service (the “Agreement”) is an agreement between us and our members and those who access our Site (www.thefourthfloor.co) and or use our Service (“you”). Please review the following terms carefully because by accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to be bound by these Terms of Service in their entirety, you may not access the Site or the Service.

I.               ABOUT THE SERVICE

The Fourth Floor only approves Membership of those that meet, in our sole discretion, our Membership Criteria and Fees Policy . If you are under the age of 18, you may not become a Member or use the Services for any reason. 

The Service (“Service”) allows members and non-members to review information attend certain events, and communicate with each other; the Service allows members to post material, and communicate and otherwise interact with other members and non-members. 

By applying or submitting membership information, you represent and warrant that all information was true at the time of disclosure and remains true and correct without any material omission. If information is no longer true, you will provide an accurate update to The Fourth Floor within a timely fashion.

You agree that your involvement with The Fourth Floor will comply with The Fourth Floor’s Community Policy and Privacy Policy. You agree that you will comply with The Fourth Floor’s Membership Criteria and Fees Policy(LINK). 

II.               REGISTRATION; RULES FOR CONDUCT AND USE OF THE SERVICE

You need to be at least 13 years old to access non-member areas of the Site. Accepted members will create a personalized account which includes a unique username and a password. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

III.               USE RESTRICTIONS

To use the Site, you agree that you will not:

1) Access the Service, as permitted by its normal functionality, for any reason other than your personal, non-commercial use;

2) Collect or harvest any personal data of any user of the Site or the Service 

3) Use the Site or the Service for the solicitation of business;

4) Distribute any part or parts of the Site or the Service without our explicit written permission (we grant permission to the operators of public search engines to use spiders to copy materials from the Site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis); 

5) Use the Service for any unlawful purpose or for the promotion of illegal activities;

6) Attempt to, or harass, abuse or harm another person or group;

7) Use another user’s account without permission;

8) Intentionally allow another user to access your account;

9) Provide false or inaccurate information when applying or registering an account;

10) Interfere or attempt to interfere with the proper functioning of the Service;

11) Make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

12) Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; 

13) Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or 

14) Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

IV.               POSTING AND CONDUCT RESTRICTIONS 

By creating an account, or by posting information via email or other means, you are providing content (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of this User Content. The Company, however, reserves the right to remove any User Content from the Service, or refuse its service or deny access to any part of the Site or Service to any person at any time, for any reason, or for no reason, at its sole discretion and without refunding any fees.

You may use and access the Service, in accordance with these policies. Failure to adhere to any of these conditions constitutes a material breach of the Agreement. You agree:

1) You are solely responsible for your account and the activity that occurs while using your account;

2) You will not post information that is malicious, libelous, false or inaccurate;

3) You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

4) You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the provisions below.

5) You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission to submit such content; and

6) You agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Any liability, loss or damage that occurs because of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

V.                ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Site or the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

You may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms, please contact info@thefourthfloor.co.

VI.                LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy and we have no control over them. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

VII.                COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

1) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at info@thefourthfloor.co (620 Fort Washington Ave. #4C, NYC, NY 10040)

1. The date of your notification;

2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

1. Your physical or electronic signature;

2. A description of the content that has been removed and the location at which the content appeared before it was removed;

3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

3) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

VIII.               INTELLECTUAL PROPERTY AND LICENSE GRANT

You agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.

By posting User Content via the Service or Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, biographical information, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

IX.               NOTICE

You consent to receive communications from us in an electronic form via the email address you have submitted and agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to info@thefourthfloor.co or mail to the following postal address: 620 Fort Washington Ave. #4C, NYC, NY 10040.

Opting out may prevent you from accessing certain aspects of the Service.

X.              WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM CONTACTING OTHER USERS, YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

YOU ARE AWARE AND UNDERSTAND THAT AN EVENT MAY INCLUDE ACTIVITIES THAT ARE DANGEROUS AND THAT INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. IF THAT IS THE CASE, YOU FURTHER ACKNOWLEDGE THAT ANY INJURIES THAT YOU MAY SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE BY THE FOURTH FLOOR OR OTHERS. PROVIDED THAT THE FOURTH FLOOR HAS INFORMED YOU AS TO THE NATURE OF ANY SUCH DANGEROUS ACTIVITIES, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN ANY SUCH ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE FOURTH FLOOR’S NEGLIGENCE OR OTHERWISE.

XI.              LIMITATIONS OF DAMAGES

RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

XII.              MODIFICATION OF TERMS OF SERVICE

We can amend and / or update these Terms of Service or any other Policy at any time. It is your sole responsibility to check the Site from time to time to view any such changes to this Agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part or your part via telephonic or email communications shall be valid.

XIII.              GENERAL TERMS

If any part of this Agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this Agreement.

1) You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

2) These Terms and your use of the Site and Services are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.

3) We may assign or delegate these Terms of Service, Membership Criteria and Fees Policy, Community and Fees Policy, and our Privacy Policy (together the “Policies”), in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Policies without our prior written consent, and any unauthorized assignment or delegation by you is void.

4) Any unsolicited ideas or feedback or submissions that are sent to us, along with related intellectual property rights (the “Submissions”) will automatically become the property of The Fourth Floor without any compensation to you. You agree to make all necessary assignments to us and we may use the Submissions for any purpose and in any way and we are under no duty to keep the Submissions confidential.

5) The Fourth Floor may modify or take offline or otherwise make the Site or Service or a part of the Site or Service unavailable for any reason including, but not limited to, due to scheduled or emergency maintenance, events of force majeure, malicious attacks, issues with your computing device, or local area network issues.

6) The Fourth Floor reserves the right, at any time, to add, remove, amend, modify or update any part of the Site or Service and may charge a separate or additional fee that was previously provided for free of charge.

7) YOU GIVE UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE FOURTH FLOOR INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. This dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. 

8) The Fourth Floor will not be liable for these Terms for performance delay or for non-performance due to force majore or for causes outside its reasonable control.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE POLICIES LINKED TO THE TERMS REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Last Updated: This Privacy Policy was last updated on June 26, 2020.

The Fourth Floor (the “Company,” “The Fourth Floor,” “we,” “us,” and “our”) is committed to maintaining privacy protections.  Our Privacy Policy (“Privacy Policy”) is designed to help our members and those who access our Site (www.thefourthfloor.co) and or use our Service (“you”) understand how we collect, use, and safeguard the information provided to us and to assist you in making informed decisions when using our Service.  

“Service” refers to the Company’s services accessed via the Site, email, and collection of information at an in person or virtual event. By accessing our Site, applying for membership, inputting information for an event, attending an event, or accessing our Service, you accept our Privacy Policy and Terms of Service (found here: ) and you consent to our collection, storage, use, and disclosure of your Personal Information as described in this Privacy Policy.

I.               INFORMATION WE COLLECT

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data and general demographic information. Personal Information includes your email, name etc. which you submit or otherwise provide to us.

1. Information collected via Technology

Certain parts of the site are only available to accepted members however, you do not need to be a member to access other parts of the Site. To improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. We may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.  

2. Information you provide us by registering for an account

In addition to the information provided automatically by your browser when you visit the Site, to be a member of The Fourth Floor, you must submit certain Non-Personal and Personal Information, it must meet The Fourth Floor’s membership criteria, you must agree to abide by The Fourth Floor’s policies, you must pay certain fees (if appropriate and as set forth in the Membership Criteria and Fees Policy (LINK)), and your membership must be accepted by The Fourth Floor. To access certain areas of the Site you will then enter a user name and a password. You authorize us to collect, store and use your email address and other information in accordance with this Privacy Policy.

3. Children’s Privacy

The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13, or allow anyone under the age of 13 to sign up for the Service. If we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at info@thefourthfloor.co. 

II.             HOW WE USE AND SHARE INFORMATION

Personal Information:

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share your Personal Information with third parties for marketing purposes without your consent. We share Personal Information with vendors who are performing services for the Company. Those vendors use your Personal Information only at our direction, in connection with the Services, and in accordance with our and their Privacy Policy.

In general, the Personal Information you provide to us is used to help us communicate with you and provide you with our Services. For example, we use Personal Information to make connections, respond to questions, solicit feedback, provide technical support, and inform you about promotional offers.

We may share your Personal Information with our sponsors, employees, other members, users, and affiliates. We may also share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law. 

You agree that by attending or participating in a live or virtual event, your image, voice, biographical information, likeness, name, and contact information may be recorded or photographed. You irrevocably grant a license to The Fourth Floor and its affiliates and agents the right to modify, edit, share, and create derivative works, display, and exploit the recording or photographs in any way we choose and without further consent or royalty or payment to you. 

Non-Personal Information

In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information to track trends and analyze use patterns on the Site. This Privacy Policy does not limit our use or disclosure of Non-Personal Information.

If we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You consent that such transfers are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. 

III.           HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We may further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.

IV.           YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION AND DATA PROTECTION

You have the right at any time to prevent us from contacting you for marketing purposes.  You may opt out of promotional communications by following the unsubscribe instructions provided. Please note that notwithstanding the promotional preferences you indicate, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy. Additionally, you have certain rights:

- The right to access – You have the right to request the Company for copies of your personal data. We may charge you a fee for this service.

- The right to rectification – You have the right to request that the Company correct or complete any information you believe is inaccurate. 

- The right to erasure – You have the right to request that the Company erase your personal data, under certain conditions.

- The right to restrict processing – You have the right to request that the Company restrict the processing of your personal data, under certain conditions.

- The right to object to processing – You have the right to object to the Company’s processing of your personal data, under certain conditions.

- The right to data portability – You have the right to request that the Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. To exercise any of these rights please email info@thefourthfloor.co.

V.             LINKS TO OTHER WEBSITES

As part of the Service, we may provide links or utilize other websites or applications. We are not responsible for the privacy practices employed by those websites and businesses or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

VI.           CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this policy and our Terms of Service at any time.  We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our Site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

VII.         CONTACT US

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us at info@thefourthfloor.co.