Legal Agreement: Terms of Service
- Acceptance of Terms.
- Description of Services.
Coworking House may provide you with access to its shared office space, including work stations, designated desks (if applicable), private offices (if applicable), and lockable filing cabinets (if applicable) (collectively, the “Workspace”), and related services, including Internet access, shared community office equipment (e.g. printer, scanner, copy machine), conference room space, and other services as Coworking House may provide from time to time. The Workspace and related services are referred to collectively as the “Services”. Your use of the Services at all times are subject to the TOU.
- No Unlawful or Prohibited Use.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Coworking House server, or the network(s) connected to any Coworking House server, or interfere with any other party’s use and enjoyment of any Services. Unauthorized access or attempts to gain unauthorized access to any Services, or accounts, information or materials, computer systems or networks connected to any Coworking House server or to any of the Services, through hacking, password mining or any other means not intentionally made available through the Services is prohibited. Providing access to the Workspace to third parties (other than guests attending meetings in the conference room space) is prohibited. Violations of this section will result in termination of membership.
- Authority to Enter into Membership Agreement.
You hereby represent and warrant that you have all requisite legal power and authority to enter into the Membership Agreement and abide by the terms of the Membership Agreement and these TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
- Use of Services.
You agree that when using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Coworking House Services;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Restrict or inhibit any other user from using and enjoying the Services;
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
- Violate any applicable laws or regulations; and
- Create a false identity for the purpose of misleading others.
You agree that you will not abuse or overuse any of the Services. Coworking House reserves the right to limit the use of the copier(s) or printer(s) and may impose fees for usage above certain standard amounts per month.
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Coworking House does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use. Leaving any items in the Workspace is at your own risk. Coworking House is not responsible for or liable for any stolen items.
- Compliance with Law.
Coworking House reserves the right at all times to disclose any information about you and your participation in and use of the Services as Coworking House deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
- You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Coworking House or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.
- Your participation in and/or use of the Services obligates you to
- maintain all Confidential Information in strict confidence;
- not to disclose Confidential Information to any third parties;
- not to use the Confidential Information in any way directly or indirectly detrimental to Coworking House or any participate or user of the Services.
- All Confidential Information remains the sole and exclusive property of Coworking House or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Coworking House or any participant or user of the Services.
- Not a Landlord/Tenant Relationship / No Interest In Real Estate.
By executing the Membership Agreement, you will be permitted to use the Services, including the Workspace; however, you are not leasing or renting all or any portion of the Workspace, nor are you a tenant (including tenant at will) or subtenant of Coworking House. Nothing in the Membership Agreement or TOU shall be considered to grant you any interest in the real estate relative to the Workspace. No landlord/tenant relationship will be established by your execution of the Membership Agreement or your use of the Services, including your access to the Workspace.
- Disclaimer of Warranties.
To the maximum extent permitted by applicable law, Coworking House provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence.
- Exclusion of Incidental, Consequential and Certain Other Damages.
To the maximum extent permitted by applicable law, in no event shall Coworking House, its affiliates, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, be jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Coworking House, and even if Coworking House has been advised of the possibility of such damages.
- Limitation of Liability and Remedies.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Coworking House, its affiliates, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to one hundred dollars (USD $100.00) The foregoing limitations, exclusions and disclaimers (including sections 9 and 10 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Without limitation to the foregoing, Coworking House shall not be liable for any interruption in the Services (including, without limitation, interruptions in internet access).
Coworking House reserves the right to terminate any Services at any time. Coworking House further reserves the right to deny you access to the Workspace and prohibit you from participating in and using any Services, immediately and without notice, if you fail to comply with the TOU, including, without limitation, if you fail to make monthly payments when due.
Without limitation to the foregoing, if you fail to make a monthly payment within five (5) days of its due date, Coworking House will deny you access to the Workspace or will not allow you to use any Services until all overdue payments have been paid in full, including any late fees. If your monthly payment has not been received within thirty (30) days of its due date, Coworking House shall have the right to remove any items left at a Designated Desk or Private Office, if applicable, including any items stored in any lockable filing cabinet. Coworking House shall retain those items for thirty (30) days and shall contact you to retrieve your items; however, if you do not retrieve your items within thirty (30) days of notification by Coworking House, Coworking House may dispose of your unclaimed items.
You release, and hereby agree to indemnify, defend and hold harmless Coworking House and Coworking House’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Coworking House or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Coworking House will carry General Liability insurance. As a user, it is strongly suggested that you carry an insurance policy to cover your own equipment while using our space.
- Rules and Policies.
Coworking House may establish rules and policies with respect to your use of the Services. These rules and policies shall be subject to change according to the exclusive discretion of Coworking House. A copy of the latest rules and policies has been, or will be, provided to you, and such rules and policies shall be available at the Workspace.