Terms and Conditions
General Terms and Conditions
Eight-0-Eight Membership Agreement
a. Non-exclusive access to the office space Monday – Friday between the hours of 7am-6pm b. Desk b. Chair (Members may opt to provide their own chairs) d. Small set of drawers e. Access to and use of wireless internet f. Reservation of main floor conference room (Additional fees may apply) g. Non-exclusive access to main floor restrooms h. Use of address for business purposes only i. Use of printers, copiers, and/or scanners made available for the office space (Additional fees may apply) j. Regular maintenance
Renewal and Termination Membership is a privilege and not a right. Management reserves the right to terminate this Agreement if any outstanding fees are still due from the Member after Management has provided written notice to the Member of a balance due, if any Member fails to comply with the terms and conditions of this Agreement or any other policies or instructions provided by Management, or for misconduct by a Member or its guests. Membership renewal is automatic unless terminated by the Member. Members may terminate this agreement at any time through the Eight-0-Eight website at http://eight0eight.spaces.nexudus.com/en. Refunds in full or in part will not be given when related to terminations of this Agreement. Invoicing and Payment Members are automatically invoiced and charged monthly on the date of their initial membership signup at the rate selected for their current membership option. Payment must be made through the Eight-0-Eight website at http://eight0eight.spaces.nexudus.com/en. Management will not accept any other forms of payment. Please note that a 3.2% fee is added to each membership charge to cover processing fees.
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 Eight-0-Eight server, or the network(s) connected to any Eight-0-Eight 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 Eight-0-Eight 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.
Payment Processing Fee. A payment processing fee of 3.2% will be added to all orders.
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 messages (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 Eight-0-Eight 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;
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.
- Code of Conduct
- Quiet Enjoyment All members and guests have the right to quiet enjoyment and any behavior that breaches this will be subject to immediate termination of membership.
- Open Environment This is an open office shared by many different people and organizations. Anything said should be expected to be heard by others.
- Cleanliness Please pick up after yourself. Be considerate of other members and wipe down shared desks, tables, and countertops after use. Trash cans at desks must be emptied at least weekly or when 3/4 full. Trash cans and trash can liners will be provided by Eight-0-Eight.
- Cleanliness No appliances such as space heaters, refrigeration units, mini fridges, powered cooking equipment, etc. are permitted. Small desk fans may be used.
- Conference Room Usage The conference room can be used by any member, subject to making a reservation. This is based on reasonable usage by each member. If any room needs to be booked for more than 2 hours at a time, please make a request to Management for approval. This is to ensure that the conference room can be used by other members.
- Internet Usage Members are prohibited from streaming television shows, movies, or other video content while using the Eight-0-Eight-provided internet or wireless internet services.
- No Pets or Bikes No pets or bikes are allowed within Eight-0-Eight.
- Parking There is no parking available to Members or their guests in the lot adjacent to Eight-0-Eight. Members and their guests will need to find publicly available parking.
- Guests Any guest must be accompanied by a Member at all times. The inviting Member will be responsible for his guests’ actions at all times.
- Keys Management will provide each Member with one (1) key to access both the front and back doors of Eight-0-Eight. These keys belong to Management. It is each Member’s responsibility to safeguard his/her key and not duplicate or share with others. Any misuse will immediately breach this Agreement. If lost or stolen, the Member must notify Management immediately. Failure to return provided keys at the end of the Agreement term may result in a fine of $100. Members will be charged $100 for replacement keys and a $500 fine if a key is discovered to have been duplicated or shared with a non-Member.
Disclosure Management reserves the right at all times to disclose any information about you, your participation in and use of the Services as Management deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Video Surveillance For security purposes, Management may maintain and monitor video surveillance equipment within Eight-0-Eight. Any suspicious behavior witnessed by Management may be reported to local law enforcement or may serve as a basis for termination of this Agreement. Notwithstanding the foregoing, Management will not be responsible for providing any security within Eight-O-Eight and by your acceptance of the TOU, you hereby forever release Management from any and all liability you may sustain as a result of any third-party criminal action.
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 Management, 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 Management, any analyses, compilations, studies or other documents prepared by Management 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. a. Your participation in and/or use of the Services obligates you to: i. maintain all Confidential Information in strict confidence; ii. not disclose Confidential Information to any third parties; iii. not use the Confidential Information in any way directly or indirectly detrimental to Management or any participant or user of the Services. b. All Confidential Information remains the sole and exclusive property of Management 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 Management 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 of your own free will and decision. You acknowledge that Management 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, Management provides the Services “as is” and with all faults, and hereby disclaims 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 computer 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 Management 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, and even if Management has been advised of the possibility of such damages.
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 Management 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 ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 10 and 11 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Termination. Management reserves the right to terminate any Service at any time for any reason. Management 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.
Indemnification. You hereby release and agree to indemnify, defend and save harmless Management and any 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 any and 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 will be liable for any attorneys’ fees and costs incurred by Management 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 will be unaffected thereby and will remain in full force and effect to the fullest extent permitted by applicable law.
Insurance. Management will carry Liability and Business Personal Property insurance. As a Member, 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 Eight-0-Eight.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.
I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU and further agree to be bound to the TOU regarding my participation in and use of the Services.