• All payment is due upon membership start date or upon purchase of a day or group pass. Monthly plans will automatically renew after 30days.
• BN ShareSpace reserves the right to charge late fees and/or withhold services if payments are not received on time.
• Members may pay via Cash, Check or Credit Card via STRIPE.
Our TOU is long and boring, but it’s important that you read it carefully to understand your rights and protections, as well as ours. Please contact us at firstname.lastname@example.org if you have questions regarding this TOU.
1. Acceptance of Terms.
2. Description of Services.
BN ShareSpace may provide you with access to office space, work stations, Internet access, office equipment, conference space, knowledge resources, and other services as BN ShareSpace may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.
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 could damage, disable, overburden, or impair any BN ShareSpace server, or the network(s) connected to any BN ShareSpace 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 BN ShareSpace 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.
4. Use of services.
You agree that when participating in or using the Services, you will not:
a) Use of the Services is limited to members listed on this agreement with the exception of guests allowed for the purpose conducting meetings. Members are not to bring in guests for extended periods of time.
b) Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
c) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
d) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through BN ShareSpace Services;
e) 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;
f) 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;
g) 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;
h) Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
i) Restrict or inhibit any other user from using and enjoying the Services;
j) Violate any code of conduct of other guidelines which may be applicable for any particular Service;
k) Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
l) Violate any applicable laws or regulations; and
m) Create a false identity for the purpose of misleading others;
n) Deface the walls at BN ShareSpace by using tacks, nails, markers, paint, tape, or any other device.
5. BN ShareSpace reserves the right at all times to disclose any information about you, your participation in and use of the Services as BN ShareSpace 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 BN ShareSpace’s sole discretion.
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 BN ShareSpace, or any participant or user of the Services or any employee, affiliate, or agent thereof, which 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 BN ShareSpace, any analyses, compilations, studies or other documents prepared by BN ShareSpace 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 BN ShareSpace, or any participant or user of the Services.
c) All Confidential Information remains the sole and exclusive property of BN ShareSpace 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 BN ShareSpace, or any participant or user of the Services.
7. 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 BN ShareSpace 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.
8. Monitoring of Premises
BN ShareSpace is under continual surveillance. You acknowledge that you are consenting to such surveillance. You also acknowledge that will not tamper with any monitoring devices in the space.
9. 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. BN ShareSpace reserves the right to terminate any
Service at any time, immediately and without notice, if you fail to comply with the TOU. This includes non-payment or violation of the space rules. If this happens, BN ShareSpace will refund any amounts paid for unused periods that remain after deducting any pending charges, on appropriate basis.
Members may terminate this Agreement by giving a written notice of termination as established in this Agreement. Termination shall be in effect as of the end of that calendar month. Should
Member not provide timely notice of termination to BN ShareSpace then the Membership Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.
10. Disclaimer of Warranties.
To the maximum extent permitted by applicable law, BN ShareSpace 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.
11. Exclusion of Incidental, Consequential and Certain Other Damages.
To the maximum extent permitted by applicable law, in no event shall BN ShareSpace 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 BN ShareSpace, and even if BN ShareSpace 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.
You release, and hereby agree to indemnify, defend and save harmless BN ShareSpace and BN
ShareSpace’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 BN ShareSpace or its respective officers and agents in connection with the defense of such claim or lawsuit.
13. General Liability Release:
In consideration of McLean County Chamber of Commerce (MCCC) and BN ShareSpace
(BNSS) allowing (“Member(s)”) parties listed above to use and occupy BN ShareSpace, Member does hereby remise, release, and forever discharge MCCC and BNSS, of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, and any and all claims, demands and liabilities whatsoever of every name and nature, both in LAW and in EQUITY, which against the said MCCC and BNSS, or its heirs, successors, assigns, agents, and servants Member may now have or ever had from the beginning of the world to this date, and more especially on account of Member’s use of BN ShareSpace and any loss, injury or theft associated therewith. Occupant is aware of the risks associated with the use of BN ShareSpace, and does hereby expressly assume and consent to the same. Member(s) is/are aware that this Agreement creates legally binding obligations and, therefore, has had the chance to review the same, prior to its execution, with the Attorney of their choice. This agreement shall be governed in accordance with the Laws of the State of Illinois.
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.
BN ShareSpace will carry General Liability insurance. 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 BN ShareSpace.
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