Fourge Coworking Membership Agreement And User Terms & Conditions
The services The Fourge Coworking Community LLC (“Fourge”) provides to you are subject to the following Terms and Conditions. FourgeTM reserves the right to update the Terms and Conditions at any time. Fourge Membership and payment for Walk-In access does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or Walk-In basis.
Definitions
Member: A person who pays monthly to access the coworking space on a part time or full time basis.
Walk-In: A person who pays for a day pass or a week of day passes in order to access the coworking space on particular days.
Description of services
Fourge may provide you with access to workspace, Internet, conference space, and other services as described on the Fourge website (https://www.fourge.net/) (collectively, “Services”). The Services at all times are subject to these Terms and Conditions.
No Unlawful Or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services in any manner that could damage, disable, overburden, or impair Fourge Internet, 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 Fourge Internet 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 these Terms and Conditions 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:
Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Fourge Internet.
Upload, or otherwise make available, any file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example and not as a limitation, copyright, 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.
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.
Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
Restrict or inhibit any other user from using and enjoying the Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Service (including any Rules posted on the Fourge website or on premise).
Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
Violate any applicable laws or regulations.
Create false identity for the purpose of misleading others.
Renewals And Terminations
For Members, this Agreement is automatically renewed at the end of each period unless terminated in writing. For Walk-ins, this Agreement is in place during their day pass access period.
The Terms and Conditions must be adhered to at all times. Failure to follow the Terms and Conditions can result in nonrenewal or early termination of Membership or Walk-In access. Terminated Members or Walk-Ins will no longer have access to the building. Fourge reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with these Terms and Conditions. This includes non-payment or violation of the rules. Termination shall be in effect immediately. If this happens, Fourge will refund any amounts paid for unused periods that remain after deducting any pending charges, on a prorated basis.
Members may terminate this Agreement in writing at any time. Termination shall be in effect immediately.
Invoicing And Payment
The Member is charged the current introductory Membership fee of $54 for part-time Members and $99 for full-time Members, automatically every month. The current introductory fee for Walk-In usage is $17 per day and must be paid on the day of use. Payment for a week of day passes is $75 and must be paid on the first day of usage. Fourge reserves the right to change the fees with notice to Members.
Fourge reserves the right at all times to disclose any information about your participation in and use of the Services as Fourge deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Confidentiality
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 Fourge or any participant or user of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature (including the access code to the building). Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Fourge, any analyses, compilations, studies or other documents prepared by Fourge or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or have reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to
Maintain all Confidential Information in strict confidence.
Not to disclose Confidential Information to any third parties.
Not to use the Confidential Information (whether the information belongs to Fourge or a Fourge Member or Walk-In) in any way directly or indirectly.
All confidential information remains the sole and exclusive property of Fourge or the respective disclosing party. You acknowledge and agree that nothing in these Terms and Conditions 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 proprietary rights of Fourge 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 Fourge 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.
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 Fourge 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.
COVID Policy
As a member or walk-in, you agree to abide by the Gaylord Arts gallery COVID precaution policy.
Background Checks
We will run a background check on full time members who will have 24 hour access to the coworking space and Fourge hosts. The results of this background check will only be available to Fourge and those responsible for building security.
Disclaimer Of Warranties
To the maximum extent permitted by the applicable law, Fourge 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: 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 the applicable law, in no event shall Fourge or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, Members, Walk-Ins, representatives, employees, successors and assigns, jointly and and 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 Fourge, and even if Fourge 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 Fourge or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, Members, Walk-Ins, representatives, employees, successors and assigns under any provision of these Terms and Conditions and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Non-Disparagement
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Fourge or its Members or Walk-Ins, or of Fourge officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
Indemnification
You release, and hereby agree to indemnify, defend and save harmless Fourge and Fourge subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, Members, Walk-Ins, 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 attorney fees and costs incurred by Fourge 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 these Terms and Conditions is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Insurance
As a Member or Walk-In, you are not required but 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 Fourge.