1. Acceptance of Terms- The services The Nest Coworking ("The Nest Coworking, LLC") provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subjected to the following terms of use. The Nest Coworking reserves the right to modify, update, and change the terms of use at any time. The Nest Coworking will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement.
2. Description of Services- The Nest Coworking may provide you with access to office space, work stations, internet access, office equipment, conference space, knowledge resources, and other services as The Nest Coworking may provide from time to time.
3. 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 may damage, disable, overburden, or impair The Nest Coworking server, or the network(s) connected to any The Nest Coworking 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 The Nest Coworking 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 and abide by the terms and conditions of this terms of use 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.
4. Use of Services- 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 The Nest Coworking.
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 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.
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. Harvest or otherwise collect information about other, including e-mail addresses, without the authorization or consent of the disclosing party.
j. Violate any applicable laws or regulations.
k. Create a false identity for the purpose of misleading others.
5. The Nest Coworking reserves the right at all times to disclose any information about you, your participation in and use of the services of The Nest Coworking 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, in The Nest Coworking's sole discretion.
6. Confidentiality
a. You acknowledge and agree that during your participation in and use of the services you may be exposed to confidential information. "Confidential Information" means that all information, in whole or in part, that is provided by The Nest Coworking or any participant or use 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 The Nest Coworking or any analyses, complications, studies or other documents prepared by The Nest Coworking 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.
b. Your participation in and/or use of the services obligates you to maintain all confidential information in strict confidence and not to disclose confidential information to any third parties; not to use the confidential information in any way directly or indirectly detrimental to The Nest Coworking, or any participant or user of the Services.
c. All confidential information remains the sole and exclusive property of The Nest Coworking or the Respective disclosing party. You acknowledge and agree that nothing in this agreement or your participation or use of the services will be construed as granting any rights to you, by license or otherwise to any confidential information or any patent, copyright or other intellectual property or proprietary rights of The Nest Coworking, or any participant or use of the services.
7. Participating In or Use of Services- You acknowledge that you are participating in or using the services in your own free will. You acknowledge that The Nest Coworking does not have liability with respect to your access, participation in, use of Services, or any loss of information.
8. Disclaimer of Warranties- To the maximum extent permitted by applicable law, The Nest Coworking 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, lack of viruses, accuracy or completeness of responses, results, and lack of negligence. Also, there is no warranty, duty of 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.
9. Termination- The Nest Coworking reserves the right to terminate any service at any time. The Nest Coworking 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 terms of use.
10. Indemnification- You release, and hereby agree to indemnify, defend and save harmless The Nest Coworking, 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, judgements, 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 if you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys' fees and costs incurred by The Nest Coworking or its respective officers and agents in connection with the defense of such claim or lawsuit.
11. Severability- If any provision or portion of the terms of use is determined to be invalid, illegal, or unenforceable for any reason, in whole or in part, the remaining provisions of the terms of use shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
14. Insurance- The Nest Coworking will carry Liability and Business Personal Property insurance. As a use, 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 The Nest Coworking.
15. Monthly Billing- We strive to work with members for packages which best serve their needs. We do not refund unused days. If changes need to be made to your account, we need one (1) month notice. All payments are due on the same day as your invoiced receipt.
16. Deposits for Memberships- Deposits are required upon signing up for a new membership or reinstating one that has been canceled. These are non-refundable. If you provide thirty (30-day) notice prior to cancellation, we will apply your deposit towards your last month of membership.
17. Wi-Fi- We strive to provide a professional and efficient office space. With our services, Wi-Fi is included. Please do not bring your own.
I hereby acknowledge that I have read and understood all the terms and conditions contained in the terms of use and further agree to be bound to the terms of use regarding my participation in and use of the services.
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