B&T reserves the right to update the TOU at any time without prior notice. B&T will attempt to contact you to notify you of any updates within 30 days of their enactment.
B&T may provide you with access to office space, work stations, office equipment, internet, conference rooms, knowledge resources, and other services(collectively, “Services”) from time to time. The Services at all times are subject to the TOU. The TOU does not create a tenancy but a prepaid usage license to use provided amenities on a monthly or casual basis.
B&T offers a number of membership agreements (“Plans”) differing in fees and benefits. A single membership agreement (“Plan”) may be selected by you via B&T Coworking Management Software (“CMS”) at https://members.bikeandtype.com/. The details of that plan are deemed to be included in the TOU. If there is any conflict of information between the B&T website and the CMS the CMS will control.
B&T may publish rules governing the use of any of its spaces or participation in any of the Services. Such rules are incorporated into the TOU by reference and may be disseminated on paper, by email, on B&T website, in the CMS, in member forums, or posted in B&T spaces. If there is any conflict between the TOU and those rules, those rules shall govern.
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 must not do anything that may interfere with the participation in or use of the Services by any other member, or that will cause any nuisance or annoyance, or cause loss or damage to B&T (including damage to reputation).
You may not use the Services in any manner that could damage, disable, overburden, or impair any B&T internet connection, server, network, equipment or property, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or any accounts, computer systems or networks connected to any B&T server or to any of the Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this 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.
You agree that when participating in or using the Services you will not:
a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane,defamatory, obscene, indecent or unlawful topic, name, material or information on or through B&T servers, notice boards, events, or coworking spaces;
d. 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 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;
e. 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;
f. 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;
g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
h. Restrict or inhibit any other user from using and enjoying the Services;
i. Violate any code of conduct or other guidelines which may be applicable for any particular Service;
j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
k. Violate any applicable laws or regulations;
l. Create a false identity for the purpose of misleading others.
Members and customers must follow all city parking regulations.
You may not alter any B&T equipment. You must take care of all parts of the B&T premises including, but not limited to, equipment, fixtures, fittings, and furnishings. You are liable for any damage caused by you or your guests. You must not install any cabling, IT, or telecom connections without B&T consent which B&T may refuse at its sole and absolute discretion.
A key-holder is deemed to be any person who takes possession of keys, keycards, key fobs, key-codes, or any other means of access to any B&T facilities or property. Key-holders acknowledge and accept responsibility for the security of the doors and spaces they access. The key-holder will secure the space when they believe they are the last person on the premises or any time after 4pm.
B&T reserves the right at all times to disclose any information about your, your participation in and use of the Services as B&T deems necessary to satisfy any applicable law, regulation, legal process or request. B&T will provide at least ten (10) days notice of the request by the third party to provide you the opportunity to take legal action to protect yourself. B&T is not able to provide legal advice in this situation. You are strongly encouraged to hire an attorney to assist you if a circumstance involving your business information is being sought by a third party.
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 B&T or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential, or proprietary in nature.
Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of B&T, any analyses, compilations, studies or other documents prepared by B&T or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
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; and not to use the Confidential Information in any way directly or indirectly detrimental to B&T or any participant or user of the Services.
All Confidential Information remains the sole and exclusive property of of B&T or the 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 rights of B&T or any participant or user of the Services.
Invoices are issued in advance based on chosen membership options. Payment is on invoice date on the beginning of the period. Payment for walk-in usage is made on the starting day of use.
Payments will automatically process by the payment method selected in the CMS, on the day you join and will recur either on that day or the first of the month at B&T discretion.
A deposit, equal to at least one month’s membership payment, is required prior to joining for all plans involving a private office. The deposit will be held by B&T until termination of membership. The deposit will be refunded, less any third-party processing fees, repair fees and/or cleaning fees. Determination of condition is at B&T discretion alone.
If payment is not received within 7 days of invoice due date, your services will be suspended until payment is made. B&T reserves the right to terminate this Agreement if payments are overdue on two (2) occasions or more. Termination will be in writing by mail or email and five (5) calendar days will be allowed to remove your property. Any items left will be donated.
Once the payment for a period of time is done no refunds are possible. In case of the renewal of the Services the TOU is automatically renewed with the consent of each party. B&T reserves the right to terminate any service at any time, immediately and without notice, if you fail to comply with the TOU. You may terminate this agreement in accordance with the terms of your Plan by written notice over email or by activating the relevant links in the CMS.
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that B&T does not have any liability with respect to your access, participation in, use of the Services, or any loss of information, loss from theft or damage of personal property on its premises, resulting from such participation or use. You are liable for the full cost of any damages caused by you to any property in the space, owned either by B&T or its members.
You hereby grant permission to B&T, its employees, interns, or representatives to take and use photography/digital images, video, recorded audio or quoted remarks for use by B&T in promotional or educational materials. These materials might include but are not limited to electronic publications, printed publications, the B&T website, Facebook page, Twitter account or other electronic or print communications. You further agree that your name and identity may be revealed in descriptive text or commentary in connection with the image(s) published. You also agree that the media may contact you regarding your involvement with B&T.
You authorize the use of these materials indefinitely without compensation. All prints, digital reproductions, video, and audio recordings shall be the property of B&T. Materials are to be used in a promotional context unless otherwise specified in the communications with you.
To the maximum extent permitted by applicable law, B&T provides the Services “as is” and with all faults, and hereby disclaims 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. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the Services, remains with you.
To the maximum extent permitted by applicable law, in no event shall B&T or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, 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 B&T, and even if B&T has been advised of the possibility of such damages.
You release, and hereby agree to indemnify, defend and save harmless B&T and 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 B&T 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 the TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
B&T carries insurance for its own property. However, B&T is not responsible for theft of or damage to any of your personal property for any reason. As a member you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of B&T.
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