Terms and conditions
General Terms and Conditions
Terms and Conditions - Please scroll to bottom to accept.
Our Terms and Conditions of Use are long and boring, but it’s important that you read them carefully to understand your rights and protections, as well as ours. While we expect that we should be able to talk through almost any situation that could arise while you are a member, if we cannot come to an agreement - we will let these terms below act as our guide. Please contact us if you have any questions regarding these.
- This TOU hereby stands as a lease agreement between you (“tenant”) and SPOT cowork, LLC (“lessor.”) SPOT is a real estate provider of office space and our Community Managers serve as leasing agents and cleaning crew. It is not the responsibility of SPOT cowork to determine or enforce your right to work within New York State and/or the United States. All tenants are responsible for ensuring they are adhering to all state and federal best practices and laws.
- SPOT reserves the right to update the TOU at any time. SPOT 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.
- Description of Services. SPOT may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services as SPOT may provide from time to time (collectively, “Services”). 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 SPOT server, or the network(s) connected to any SPOT 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 SPOT 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.
- 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 SPOT Services; 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. Violate any code of conduct of other guidelines which may be applicable for any particular Service (including the Building Rules that are published today or may be published in the future); 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; and l. Create a false identity for the purpose of misleading others.
- SPOT reserves the right at all times to disclose any information about you, your participation in and use of the Services as SPOT 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 SPOT's sole discretion. That said, we will never disclose any of your information to anyone else without asking your permission.
- 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” shall mean all information, in whole or in part, that is disclosed by SPOT, 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 SPOT, any analyses, compilations, studies or other documents prepared by SPOT 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 I. maintain all Confidential Information in strict confidence; II. not to disclose Confidential Information to any third parties; III. not to use the Confidential Information in any way directly or indirectly detrimental to SPOT, or any participant or user of the Services. c. All Confidential Information remains the sole and exclusive property of SPOT 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 SPOT, or any participant or user of the Services.
- Participation in or Use of Services. You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that SPOT 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, SPOT 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. 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.
- Exclusion of Incidental, Consequential and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall SPOT 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 SPOT, and even if SPOT 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.
- 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 SPOT 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 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 the lessor of one months membership fees or One Thousand dollars (USD $1,000.00). 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.
- Termination. SPOT reserves the right to terminate any Service at any time. SPOT 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 TOU. In most instances, SPOT will issue one warning of violation. After a second violation, membership will be terminated. Violations include but not limited to: a. Children in the facility for a period longer than 15 minutes. b. Failure to register guests after hours or during weekends. c. Utilization of meeting rooms and failure to book. d. Filming of any kind in the cowork space without prior approval. e. Use of a Segway or any motorized or wheeled vehicles in the building.
- Indemnification. You release, and hereby agree to indemnify, defend and save harmless SPOT and SPOT’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 SPOT or its respective officers and agents in connection with the defense of such claim or lawsuit.
- Severability. 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.
- Insurance. SPOT will carry General Liability insurance on all of our properties. We do NOT provide insurance for any of your personal belongings. As a user, 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 SPOT.
- Payment Terms & Options. a. All membership payments are due on the first business day of each month. b. SPOT reserves the right to charge late fees and/or withhold services if payments are not received on time. c. If membership fees are not paid by the 5th of each month, SPOT will assume that you are not interested in maintaining your membership and will deactivate all services, including deactivating any keys, access codes, passwords or other member benefits. Should SPOT be required to take such action, any items left by member will be held for pickup for 30 days, after which they will be discarded.
- Take care of OUR space. You and SPOT both agree to collectively take care of the space we share with others - hence OUR space. If you see something that is out of place, you agree to assist in either correcting it or bringing it to our attention. If you see anything being done by others that is illegal, immoral, unethical or simply not nice - you will also immediately bring it to our attention. Additionally, you agree to be responsible for any guests and their actions during their time in OUR space and will not leave them unattended. Please treat OUR space as your own, and everyone will be happy!
- Guests. SPOT welcomes all members to receive guests for a maximum of two hours in the cowork space during regular business hours when a Community Manager is on duty. After hours/weekend guests must be registered on our website and accommodated in a booked meeting room or in the member’s office if they have one. Any violations of these terms will result in a charge for the actual usage of the space and a warning issued verbally and in writing. After the second violation, SPOT will terminate membership.
- Smoking. All SPOT locations are 100% non-smoking campuses. We do not have any flexibility on this policy and kindly ask that you let your employees and visitors know.
- COVID-19 addendum. It is not the responsibility of SPOT to ensure tenant compliance with NYS rules or to enforce such rules. It is the sole responsibility of the tenant to decide if you are an essential worker should a stay-home order be issued. In addition, we ask all tenants to adhere to NYS best practices and maintain social distancing. In situations where social distancing is not possible, please wear a mask. If you do not have one, SPOT can provide one.
- Common Sense Prevails. In closing, you and SPOT both agree to allow common sense to prevail in all matters. If something in this agreement or in any SPOT space needs adjusting, you agree to contact SPOT via the phone number or email that is publicly listed on our website to discuss.