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Legal Agreement: Terms of Service

TERMS OF USE

 

  1. Acceptance of Terms

The facilities and services Converge Space LLC (“Converge Space” or “The Space”) provides to its members and all other guests, (as described below) are subject to the following Terms of Use (the “TOU”). In addition to this TOU, members and all other guests must comply with the Converge Space “Member Guidelines” which may be posted from time to time at Converge Space.

 

Converge Space reserves the right to update the TOU and House Rules at any time. Use of Converge Space by members and guests shall not be construed to create a partnership, joint venture, investment, landlord/tenant, agency, or other relationship between Converge Space and its members or guests.

 

I understand that coworking by its very nature is ever-changing, and understand that Converge Space LLC will do its best to consult with and/or announce to the member community in advance of any known changes or disruptions to member access to The Space or to the use of Services and/or amenities provided by Converge Space LLC.

 

Converge Space is located at 809 Main Street, Winfield, KS 67156.

 

  1. Description of Services

Converge Space provides its members and other guests with access to office facilities, co-working facilities, work stations, Internet access, office equipment, conference facilities, event space, knowledge resources, and other services as Converge Space may provide from time to time (each a “Service” and collectively the “Services”). The Services are at all times subject to this TOU.

 

III.  Unlawful or Prohibited Uses

Members and guests agree that when using the Converge Space facility and services, you will not engage in the following unlawful or prohibited uses:

  • Publish, post, upload, distribute or disseminate any illegal, inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • Upload, or otherwise make available, files that contain images, photographs, software or other material prohibited by law or 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;
  • 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;
  • Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
  • Violate any membership guidelines, code of conduct or other guidelines of Converge Space; 
  • Create a false identity for the purpose of misleading others;
  • Cause any unnecessary janitorial labor by reason of carelessness or indifference in the preservation of good order and cleanliness;
  • Use of Converge Space for lodging;
  • Install, maintain or otherwise locate any computer server at Converge Space;
  • Bring or use any hazardous substances to Converge Space including but not limited to: kerosene, propane, gasoline or flammable or combustible fluid or material, hazardous materials, or any method of heating or cooling other than that provided by Converge Space;
  • Bring or use any firearms or weapons to Converge Space;
  • Bring or use narcotics or other banned substances at Converge Space; 
  • Store goods, wares or merchandise at Converge Space;
  • Consume alcohol if below the legal drinking age.

 

  1. Cellular Phones and Mobile Devices

Converge Space encourages its members and guests to avoid using cellular phones or other mobile devices in a disruptive or noisy manner. Converge Space requests that everyone keep their phones on vibrate while at the coworking space.

 

  1. Alterations and Signage

Members and guests may not make any changes, alterations, or improvements to Converge Space. Members and guests may not place any signs or other advertising at Converge Space without the prior express written consent of Converge Space. Members and guests may not otherwise place or distribute any signs, advertising or other marketing materials at the building without permission..

 

  1. Converge Space reserves the right at all times to disclose any information about you, your participation in and use of the Services as Converge Space 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 Converge Space’s sole discretion.
  2. Security cameras are present throughout the space except in areas where there is an expectation of privacy (restrooms). Members acknowledge the coworking space is monitored by security cameras. Only the owner and network administrator have access to the feeds.

 

VII.  Disclosure of Member Information

Converge Space may publish certain member information on its website(s) and social media accounts, including but not limited to the member’s name, business or company, position, photo and website information.

 

VIII.  Internet Service and Network Usage

Converge Space seeks to provide reliable, secure, high speed internet access, and any interruptions will be addressed promptly. However, in the event of a service interruption, Converge Space is not responsible for any data, business, or other damage or losses. Similarly, Converge Space is not responsible for damage or losses resulting from power surges, computer malware or viruses, or other malicious network attack. Members and guests may not share the high-speed Internet service, whether in wired or wireless form with or for the benefit of non-members, or to engage in activities requiring an unreasonable amount of bandwidth. Members and guests may not transmit bulk email in any form via the internet service provided by Converge Space, or otherwise engage in activities that could damage, disable, overburden, or impair any Converge Space server. Members and guests may not attempt to gain unauthorized access to any accounts, computer systems or networks connected to any Converge Space server through hacking, password mining or any other means.

 

  1. Electricity Usage

Converge Space is designed to provide standard office use electrical facilities and office lighting. The Member shall not use any equipment or devices that utilize excessive electrical energy or which may overload the wiring or interfere with electrical service to other occupants of Converge Space or violate any law, ordinance or rule or regulation of any utility company or governmental agency or authority. Electrical power can fluctuate during normal usage and accordingly members and guests are encouraged to use surge protectors and any other necessary equipment for protection against spikes or dips in electrical power. Converge Space is not responsible for any damage to equipment suffered as a result of electrical conditions.

 

  1. Facility Usage

Converge Space members may access the facility at the following times: 24 hours a day, 7 days a week with exceptions to be provided by Converge Space at will. I understand that membership is a privilege that may be revoked at Converge Space LLC’s discretion. If my membership is revoked, I understand that Converge Space LLC will return My membership dues for the remaining period of membership, and I agree to forfeit My membership, keys, and any other evidence of membership.

 

I understand that all amenities provided by Converge Space, LLC, including but not limited to opening hours, availability of a particular working area, use of the printer, or availability of the Internet are to be deemed as additional privileges of membership not included in the cost of membership and subject to change. I agree to use these amenities respectfully and responsibly.

 

I understand that My use of The Space may on occasion be disrupted. This may include, but is not limited to: (i) the offering of events or Services on the premises that are not included in the standard membership and that may require additional fees to attend or use, and (ii) the need to move to another work area and under RARE circumstances vacate the premises entirely.

 

I understand that Converge Space LLC does not allow pets in The Space with the exception of service animals and agree to abide by this restriction.

 

I understand that Converge Space LLC does not allow smoking or tobacco use inside The Space or anywhere within 10 feet of The Space.

 

  1. Member and Non-Member Fees

Fees for Converge Space memberships, conference room reservations, passes, event space rentals and other fees for members and non-members are posted on the Converge Space website at www.convergespace.com. Converge Space may deny or otherwise restrict access to members that have not paid the applicable fees.

 

XII.  Renewals and Terminations

This Agreement is automatically renewed at the end of each period with consent of each party.

The TOU must be adhered to at all times. Failure to follow TOU can result in non renewal or even early termination of the usage license. Converge Space reserves the right to terminate this TOU or any Service at any time, immediately and without notice.

 

“The Flex” Members may terminate this Agreement by giving a 7-day written notice of termination. “The Dedicated” members may terminate this Agreement by giving a 30-day written notice of termination. Termination shall be in effect at the end of that membership month. Prorated months are not refunded.

 

XIII.  Non-Member Visitation and Meetings

Non-members who are invited to Converge Space as guests of a full-time member are subject to a daily visitation limit of one (1) hour (unless utilizing a reserved conference room space). Further, full-time members (The Dedicated and The Flex) may not hold more than eight (8) separate non-member meetings with the same guest at Converge Space in any month. Day pass and The Side Hustle memberships are not allowed guests unless the conference room or micro-office have been reserved and paid for by the member. A guest is defined as a person who does not have a membership. A non-member meeting is defined as a single contiguous block of time during which the same set of people meet, at least one of whom is not a member. Members shall be responsible for their guests and shall be liable for all acts of such guests. Members shall not leave guests alone on the premises.

 

XIV.  Lost or Stolen Property

Although Converge Space seeks to maintain a safe, crime free, and stress free environment, Converge Space is not responsible for lost or stolen property.

 

  1. Insurance

Converge Space strongly recommends all Designated Members carry your own Liability and Personal Property Insurance policy to cover your own property and to protect yourself against damage to Converge Space, LLC, The Space, or other members’ personal belongings.

 

XVI.  Disclaimer of Warranties

To the maximum extent permitted by applicable law, Converge Space 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.

 

XVII.  Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by applicable law, in no event shall Converge Space 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 Converge Space, and even if Converge Space 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.

 

XVIII.  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 Converge Space 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 twenty dollars (USD $20.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

 

XIX.  Termination

Converge Space reserves the right to terminate this TOU or to suspend use of any Services at any time, without notice.

 

  1. Indemnification

You release, and hereby agree to indemnify, defend, protect and hold harmless Converge Space and 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, 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 legal fees and costs incurred by Converge Space or its respective officers and agents in connection with the defense of such claim or lawsuit.

 

XXI.  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.

 

XXII.  Governing Law and Jurisdiction

The TOU shall be governed, construed and interpreted by, through and under the laws of the State of Kansas. Any dispute under the TOU shall be subject to the exclusive jurisdiction of the courts located in Cowley County, Kansas.