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Terms and Conditions

Operator: The WorX, LLC, a California Limited Liability Company 

Premises: Any location operated by The WorX, LLC including 100 Clock Tower Place and 200 Clock Tower Place in Carmel, California 

The User, User, and any guests hereby agree to the following terms and conditions by using the Premises:

 

  1. Services at the Premises – The operator will use commercially reasonable efforts to provide you the services described below at the premises. These services are referred to in this Agreement as the "Services."

  1. Access to private office, open desk, dedicated desk, or conference room use depending on the service you’re reserving.

  2. Heat and air-conditioning in the premises. 

  3. Electricity for reasonably acceptable office use.

  4. Use, within the Premises, of the break room

  5. Certain Services. Air-conditioning and heating may only be available during Regular Business Hours on Regular Business Days. The Regular Business Hours are generally from 8:00 a.m. to 5:00 p.m. on Regular Business Days, Monday to Friday.

  6. Internet. Access to and use of the shared wi-fi Internet connection in accordance with the terms of services in the Wi-Fi Terms & Conditions. 

  7. Our Reserved Rights: We are entitled to access the Premises and Dedicated Offices, with or without notice, in connection
with our provision of the Services, for safety, emergency purposes or for any other purposes. We reserve the right to cancel this agreement at any time for any reason. We may withhold
Services or immediately terminate this Agreement:
(i) upon breach of this Agreement by you; (ii) upon termination, expiration or material
loss of our rights in the Premises; (iii) if any
outstanding fees are still due after we provide 24- hour notice
to you; (iv) if you fail to
comply with the terms and conditions of the The WorX User Wi-Fi Terms and Conditions, our Rules and Regulations, or any other policies or
instructions provided by us or applicable to you; or (v)
at any other time, when we, in our sole discretion,
see fit to do so. You will remain liable for past due
amounts, and we may exercise our rights to collect
due payment, despite termination or expiration of
this Agreement.

  8. House Rules:

 You acknowledge and agree that:

  1. Door access codes & key fobs are unique to your access and shall not be shared with anyone else. The building general business hours are Monday to Friday 8:00 am to 5:00 pm. Access will vary based on the service you’re paying for. 

  2. The communal area is only for users. Users should not bring any other guests to the communal area without the operator’s prior authorization with the exception of guests visiting businesses in the dedicated offices or guest to a meeting taking place in the conference center. Some communal areas may be restricted, reserved, or closed at any time for any reason;

  3. You are at least 18 years of age;

  4. You will maintain a clean and professional presence in the Premises; 

  5. You agree to be respectful of others and not cause any distractions or interruptions to other users. Conversations in the communal area must be kept to a minimum. 

  6. Your computers, tablets, mobile devices and other electronic equipment must be (i) kept up-to-date with the latest software updates provided by the software vendor and (ii) kept clean of any malware, viruses, spyware, worms, Trojans, or anything that is designed to perform malicious, hostile and/or intrusive operations. We reserve the right to remove any device from our networks that poses a threat to our networks or users until the threat is remediated;

  7. You will not leave any personal belongings in the communal area. We are not responsible for lost or stolen items. 

  8. Parking is unreserved. You must park in the uncovered parking lot directly across from the building.

No User will: 

  1. Perform any activity or cause or permit anything that is reasonably likely to be disruptive or dangerous to us or any other user, or our or their employees, guests or property, including without limitation The WorX, LLC or the Premises;

  2. Use the Services or the Premises to conduct or pursue any illegal or offensive activities or comport themselves to the community in a similar manner;

  3. Misrepresent himself or herself to The WorX community, either in person or on the The WorX website;

  4. Take, copy or use any information or intellectual property belonging to other User Companies or their Users or guests, including without limitation any confidential or proprietary information, personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.

  5. Use the communal area in a "retail," "medical," or other nature involving frequent visits from users of the public;

  6. Sell, manufacture or distribute any controlled substance, including alcoholic beverages, from the Premises, or obtain a license for such sale, manufacture, importation, or distribution using the premises or the address of the Main Premises;

  7. Make any copies of any keys, keycards or other means of entry to the Premises or lend, share or transfer any keys, access codes or keycards to any third party.

  8. Bring any weapons of any kind, or any other offensive, dangerous, inflammable or explosive materials into the Premises.

  9. Bring any pets or animals into the Premises. 

  10. Use the premises as a place to sleep.

  11. Indemnification- You will indemnify the The WorX, LLC
Parties from and against any and all claims, including
third party claims, liabilities, and expenses including
reasonable attorneys' fees, resulting from any breach
of this Agreement by you or your Users or your or
their guests, invitees or any of your or their
actions or omissions. You are responsible for the
actions of and all damages caused by all persons that you, your Users or your or their guests
invite to enter the Premises. You shall not
make any settlement that requires a materially
adverse act or admission by us or imposes any
obligation upon any of The Worx, LLC  Parties without
our written consent. None of the The Worx, LLC Parties
shall be liable for any settlement made without its
prior written consent.

  12. Waiver of Claims. To the extent permitted by law,
you, on your own behalf and on behalf of your
Users, employees, agents, guests and invitees,
waive any and all claims and rights against us and our landlords at the Premises and our affiliates, parents,
and successors and each of our and their employees,
assignees, officers, agents and directors (collectively,
the "The WorX, LLC Parties") resulting from injury or
damage to, or destruction, theft, or loss of, any
property, person or pet.

  13. Limitation of Liability- Limitation of Liability. To the extent permitted by
law, the aggregate monetary liability of any of the
 The WorX, LLC Parties, including but not limited to building owner 100 Clock Tower Place LLC, The Denier Group LLC, to you or your Members, employees,
agents, guests or invitees for any reason and for all
causes of action, will not exceed the total
 Membership Fees paid by you to us under this
Agreement in the twelve (12) months prior to the
claim arising. None of The WorX, LLC parties, including but not limited to building owner The Denier Group LLC, 100 Clock Tower Place, LLC, will be
liable under any cause of action, for any indirect,
special, incidental, consequential, reliance or punitive
damages, including loss of profits or business
interruption. You acknowledge and agree that you
may not commence any action or proceeding against any of the The WorX, LLC Parties, including but not limited to building owner The Denier Group LLC, 100 Clock Tower Place, LLC,  whether in contract, tort, or otherwise, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action's accrual. Notwithstanding anything contained in this Agreement to the contrary, you acknowledge and agree that you shall not commence any action or proceeding against any of the The WorX, LLC Parties other than the The WorX, LLC Party you are directly contracting with hereunder and the assets of such person for any amounts due or for the performance of any obligations in connection with this Agreement

  14. Insurance-   You are responsible for maintaining, at
your own expense and at all times during the Term, personal
property insurance and commercial general liability
insurance covering you and your Users for
property loss and damage, injury to your Users
and your Users' guests and prevention of
or denial of use of or access to, all or part of the
Premises, in form and amount appropriate to your
business. You shall provide
proof of insurance upon our request.

 

WI-FI & INTERNET Terms and Conditions

By using our internet service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.

Accordingly, you agree that the owner and/or provider of this network is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.

Use of the wireless network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network.

Examples of Illegal Uses

The following are representative examples only and do not comprise a comprehensive list of illegal uses:

1.     Spamming and invasion of privacy - Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.

2.     Intellectual property right violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

3.     Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

4.     The transfer of technology, software, or other materials in violation of applicable export laws and regulations.

5.     Export Control Violations

6.     Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.

7.     Uttering threats;

8.     Distribution of pornographic materials to minors;

9.     and Child pornography.

Examples of Unacceptable Uses

The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:

1.     High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e.torrents)

2.     Obscene or indecent speech or materials

3.     Defamatory or abusive language

4.     Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.

5.     Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

6.     Facilitating a Violation of these Terms of Use

7.     Hacking

8.     Distribution of Internet viruses, Trojan horses, or other destructive activities

9.     Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.

10.   Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms of Use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.

11.   The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.

12.   Seeking information on passwords or data belonging to another user.

13.   Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.

14.   Intercepting or examining the content of messages, files or communications in transit on a data network.

 

By booking a reservation,  you’re agreeing to all the terms and conditions as listed above. 

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