Contract
- 1. OurSpace As a member of OurSpace, you are encouraged to the following values: Respect yourselves and others: Treat others the way you wish to be treated. Remember that each person is a unique creation who contributes to the success of coworking and the overall development of Fort Wayne. Be a part of the team: Remember that you are a dot in a painting, and all dots combined make a beautiful picture. Develop a strong rapport with your fellow coworker to gain insight and wisdom, and professional assistance, to make you and your project(s) shine. Teach Others and Try New Things: The coworking environment brings together a number of individuals with varied skills and talents and to provide an opportunity to explore a wide range of tools and methods. You must be willing to teach others about a skill that you process and likewise be a willing student. Work Hard, Have Fun!: After completing the grueling project fellowship with your coworkers, grab a cup of coffee and talk about the latest news, visit an entertainment venue and watch a show, or hit an area restaurant for a mouth-watering delight. Improve the Surrounding Environment: Suggestions regarding improvements to the space and services are welcomed and appreciated at OurSpace. In return, coworkers are asked to pick up after themselves and put things into proper places. Page 1 of 7
- 2. OurSpace Membership Agreement Please select a membership level: ___ Microbusiness ___ Workaholic ___ Flexible Flyer ___ Moonlighter ___ Weekender ___ General ___ Virtual ___ Guest Please select the term of membership: __ Annual __ Semi-Annual __ Quarterly __ Monthly __ Daily __ Other ______________________________________________________________________ ______________________________________________________________________ Please provide the following contact information: Last Name: _____________________________________________________________ First Name: _____________________________________________________________ Address: _______________________________________________________________ City, State, Zip___________________________________________________________ Mobile Phone:___________________________________________________________ Email:__________________________________________________________________ Website:________________________________________________________________ Industry:________________________________________________________________ Job Title:________________________________________________________________ ______ (Initialize) I authorize OurSpace to publish my name, industry, title and URL in our publications; i.e. Website, blog, press releases, etc. Sensitive information, such as phone number and email, will be kept private. Page 2 of 7
- 3. OurSpace Terms of Use 1. Acceptance of Terms The services OurSpace provides to you, the undersigned (including but not limited to use of office space, access to internet, etc.) are subject to the following Terms of Use. OurSpace reserves the right to modify these Terms of Use at any time without notice to you. 2. Description of Services OurSpace may provide you access to office space, internet access, office equipment, conference space, knowledge resources and other services. 3. No Unlawful or Prohibited Use As a condition of your membership, you will not utilize 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 OurSpace servers, or the network connected to any OurSpace server, 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 accounts, computer systems or networks connected to any OurSpace server or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you all 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 you participation or use of the Services will not conflict with or result in any breach of license, contract, agreement or other instrument or obligation to which you are a party. 4. Use of Services You agree when participating in the Services, you will not: 1. Use the services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited message (commercial or otherwise); 2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicly of other(s); 3. Publish, post, update, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through OurSpace servers; 4. Distribute or disseminate any inappropriate, profane, defamation, obscene, indecent or unlawful topic, name or material or information to OurSpace coworkers; 5. Upload, or other 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 there to and received all necessary content to do the same; 6. Use any material or information, including images or photographs, which are made Page 3 of 7
- 4. available through the Services, in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; 7. 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; 8. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in such manner; 9. Restrict or inhibit any other user from using and enjoying the services; 10. Violate any code of conduct of other guidances which may be applicable for any particular service: 11. Harvest or otherwise collect information about others, including email addresses, and social media accounts, without the authorization or consent of the disclosing party; 12. Violate any applicable laws or regulations; 13. Create a false identify for the purpose of misleading others. 5. Building Rules It is expected that OurSpace coworkers will observe the quiet enjoyment and normal use of the space as a work environment at all times. In addition, all participants must do the following: 1. All members may use cell phones on the premises, so long as not to infer with the right of other members to work or read. 2. All members may utilize I-Pods, radios or other musical devices in a manner that does not interrupt other members productivity; it is highly recommended that headphones are utilized at all times. 3. A coworker will not compromise the workspace/building, equipment and tools from fire, flood, gas, electricity or weather. 4. You shall not damage or deface the building or its fixtures fittings, decor and furnishings. 5. No members shall make an alteration to the building or equipment without the prior expressed written consent of OurSpace. 6. No pets are allowed on premises; however, service-dogs-for-the-disabled will be permitted with proper documentation. 7. As in any commercial office or studio, OurSpace is not meant to be a childcare facility. In the event that your child is on-site for a brief period, you will be responsible for them and you are to supervise them at all times. A list of recommended childcare facilities will be provided to parents/guardians who are in need of this important service. 8. To ensure the safety and security of all members, visitors and guest must identify themselves and sign in at the front desk. OurSpace reserves the right to charge membership fees for excessive visitors or require additional memberships be purchased for recurrent visitors. 6. Notice of Disclosure of Information Page 4 of 7
- 5. OurSpace reserves the right at all times to reasonably disclose any information about you that OurSpace deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.. 7. CONFIDENTIALITY You acknowledge and agree that during your 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 OurSpace 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 OurSpace, any analyses, compilations, studies or other documents prepared by OurSpace or other derived in any manner from Confidential Information and any information that you are obligated to keep confidential or know or have reason to know show be treated as confidential. Your use of the services the obligates you to: ● maintain all Confidential Information in strict confidence ● refrain from disclosing Confidential Information to third parties; ● refrain from using the Confidential Information in any way directly or indirectly determinable to OurSpace or any participant or user of the Services; All Confidential Information remains the exclusive property of OurSpace or the respective disclosing property. You acknowledge and agree that noting these Terms of Use or your participation or use of the Services will be construed as granting nay 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 OurSpace or user of the Services. USE OF SERVICES You acknowledge that you are using the Services at your own free will and decision. You acknowledge that OurSpace 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. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OURSPACE 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 Page 5 of 7
- 6. LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND 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. Exclusion of Incidental, Consequential and Certain Other Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OURSPACE 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 AND 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 OURSPACE, AND EVEN IF OURSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 8. 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 OURSPACE 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 UNDER ANY PROVISION OF THIS MOU AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8 AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Page 6 of 7
- 7. 9. INSURANCE As required by the state of Indiana, OurSpace carries comprehensive (liability) insurance. As a user you are not required but it suggested that you carry a renter's/home owner's policy to cover your own equipment and other property while using the services of OurSpace. That policy will cover your residence and personal property that are located any where in the world except in times of flood and war, as well as the premises of OurSpace; for more information please see an insurance agent specializing in property and casualty coverage. 10. TERMINATION OurSpace reserves the right to terminate any Service at any time. OurSpace further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the MOU. I have read the aforementioned membership agreement for services at OurSpace, and I understood all of the terms and conditions contained in this MOU. Further, I agree to be bound to the MOU regarding my participation in and use of the Services. SIGNATURE:________________________________________________________________ Date:___________________________ (PRINT) NAME:____________________________________________________________________ Page 7 of 7