Terms of Use - Chicostart

TERMS OF USE
Any concerns or reports regarding these terms should be emailed to tim@chicostart.com

1. Acceptance of Terms:  The services Chicostart provides you, the undersigned (including but not limited to use of physical space at Chicostart and wireless access to internet), are subject to the following Terms of Use (“TOU”). Chicostart reserves the right to update the TOU at any time with or without notice. Changes will be reflected here on the Chicostart website.

2. Description of Services:  Chicostart may provide you with access to office space, workstations, wireless internet access, conference space, video conferencing ability, knowledge resources and other services as Chicostart 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 interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, accounts, computer systems or networks of other parties using Chicostart’s wireless internet access 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 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 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. Give an access credential to anyone in violation of the Access Control Security terms of this agreement or allow unregistered guest(s) entrance into or use of the Chicostart space in violation of the Guest Policy of this agreement at any time;

b. Use the Services in connection with contests, pyramid schemes, chain letters,sending of junk emails, spamming, or any duplicative messaging commercial or otherwise;

c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights, including but not limited to, the 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 through Chicostart 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 or 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 other similar software programs that damage the operation of another party’s computer or property;

h. Download any files 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 a code of conduct or other personal conduct policy of the City of Chico;

k. Damage or deface the City of Chico Municipal Center building including the Chicostart tenant improvements (collectively, the “Building”) or its fixtures, equipment or furnishings or compromise the building, its systems or its protection from fire, flood or weather;

l. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;

m. Violate any applicable federal, state or local laws, ordinances or regulations relative to the Services or personal conduct in and around the Chicostart facilities;

n. Create a false identity for the purpose of misleading others.

o. Compromise the Building’s security systems (including, by way of example, and not as limitation, propping open security doors) or willfully neglect to safeguard other occupants and their possessions;

p. Occupy, use or visit portions of the Building outside of the Chicostart space unless conducting business with the City of Chico;

q. Bring pets into the Building or leave pets unattended on the Building’s grounds unless you have a special agreement.

r. Violate any of our established coworking etiquette guidelines including respecting other members work space and time. This etiquette is posted on our website.

5. Guest Policy:  Guests must be accompanied by a hosting member at all times and the hosting member will be responsible for the actions of their guests at all times. Guests must be registered by the hosting member in the Guest Register before using any amenities or Services and familiarized with the TOU of the Membership Agreement.

6. Access Control Security:  Each full time member will be issued one or more access credential allowing entry into the Chicostart space outside of normal business hours when the Building is closed to the general public and secured. Members will be issued one access credential for each employee, agent or individual (collectively an “assigned User”) they register and wish to have access to the space outside of the Building’s normal business hours. All access credentials are and remain the property of Chicostart. By accepting an access credential(s) you agree;

a. Each assigned User must register his or her personal contact information with Chicostart and sign an access credential agreement;

b. Right to use an access credential can not be assigned or transferred by the member or the assigned User to a third party without the knowledge and written consent of Chicostart. Giving an access credential to an unauthorized person is grounds for immediate termination of your membership and a lifetime ban from Chicostart for both the assigned User and the unregistered guest(s) allowed to access the Chicostart space;

c. To pay a $50 security deposit per access credential issued which is fully refundable if the access credential is returned in working condition at the end of the membership term.

d. Immediately report any access credentials that are lost or stolen. Lost or stolen access credentials will be electronically rendered non-functioning by Chicostart immediately upon notification of loss. The security deposit for a lost or stolen access credential will be forfeited and a replacement access credential will be issued upon receipt of a new security deposit.

e. Access credentials that stop working due to no fault of the assigned User will be replaced at no charge.

7. Disclosure of Information about Members: Chicostart reserves the right at all times to disclose any information about you, your participation in and use of the Services as Chicostart deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

8. Confidentiality:  You understand and agree that; 1) the Chicostart open office areas are shared by many different Users; 2) anything you say can be heard by unintended third parties; 3) your unattended private documents and/or images on your computer screen(s) can be visible to unintended third parties; and 4) maintaining the confidentiality of personal or intellectual property is the sole responsibility of the owner of said property. You further acknowledge that during your participation 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 Chicostart or any participant or User of the Services or any employee, affiliate, or agent thereof, that is non-public, 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 status, services or business affairs gained through access to the Chicostart facilities or examination or observation of the work products of other members. All Confidential Information remains the sole and exclusive property of the disclosing party. You further acknowledge and agree that nothing in this Membership Agreement or your participation in the Services grants any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property right of any User of the Services. Your participation in and/or use of the Services obligates you to:

a. Maintain all information you know, or have reason to believe, is Confidential Information in strict confidence;

b. Not disclose Confidential Information to any third parties;

c. Not to use Confidential Information in any way directly or indirectly detrimental to Chicostart or User of the Services.

9. 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 Chicostart does not have any liability with respect to your access, participation in, use of Services, or any loss of information or property resulting from such participation or use.

10. Disclaimer of Warranties:  To the maximum extent permitted by applicable law, Chicostart provides the Services “as is” and with all faults, and hereby disclaims all warranties, whether expressed, statutory or implied with respect to the Services including, but not limited to, fitness for the User’s purpose, condition of furniture, fixtures and equipment, quiet enjoyment, quiet possession, correspondence to description or Non-infringement.

11. Exclusion of Incidental Consequential and Certain Other Damages:  To the maximum extent permitted under applicable law, in no event shall Chicostart, its affiliates, its past present and future officers and directors, its employees, agents or representatives or the Building owner, jointly or individually be liable for any incidental, direct or indirect damages including, but not limited to, loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy or any other loss whatsoever resulting from negligence or failure to meet a duty (including good faith or of reasonable care) or any other cause relating to participation in or the use of Services.

12. Limitation of Liability and Remedies: Notwithstanding any damages that you might incur for any reason whatsoever, including without limitation all damages listed in Section 11 above and all direct or general damages, the entire liability of Chicostart its affiliates, its past present and future officers and directors, its employees, agents or representatives or the Building owner, jointly or individually, under any provision of this agreement shall be limited to the actual damages incurred by you or ONE HUNDRED DOLLARS ($100.00) whichever is greater.

13. Termination: Chicostart reserves the right to terminate any portion of the Services at any time. Chicostart further reserves the right to terminate your participation in and use of the Services, immediately and without notice. Members may cancel their participation at any time upon 30 calendar days notice to Chicostart.

14. Indemnification: You agree to indemnify, hold harmless and defend with counsel of our choice Chicostart, its affiliates, its past present and future officers and directors, its employees, agents or representatives or the Building owner, jointly or individually from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising from your negligent acts, errors or omissions, willful misconduct or fraud in connection with your participation in or use of the Services. You further agree in the event you bring a claim or lawsuit in violation of this agreement, you shall be liable for any legal fees and costs incurred by Chicostart its affiliates, its past present and future officers and directors, its employees, agents or representatives or the Building owner in connection with the defense of such claim or lawsuit.

15. Severability: In the event that any provision or portion of this agreement is determined to be invalid, illegal or unenforceable for any reason, the remaining provisions shall be unaffected and shall remain in full force and effect to the fullest extent permitted by applicable law.

16. Insurance:  Chicostart will carry Liability and Business Personal Property insurance for Chicostart own property in Chicostart. As a User, it is strongly suggested you acquire insurance covering your own equipment. Chicostart and the Building Owner are not responsible for theft, damage or loss of any of your personal property.

17. Parking:  Members and customers must follow all City of Chico parking regulations. Members and guests may park in non-reserved spaces in the City of Chico Municipal Building parking lot subject to the City of Chico’s continued permission to do so. The City of Chico may rescind permission to park in said lot at any time and without notice to you.

18. Consent for Photography Videography for Media Release and Promotional Use:Users hereby grant Chicostart, its employees, agents, interns or representatives the right to take and use digital images, videotape, recorded audio or quoted remarks of Users by Chicostart for promotional purposes or educational materials. Promotional purposes and educational materials include, but are not limited to, electronic or print publications circulated by third parties, the Chicostart website, Chicostart’s social media pages or other electronic or print communications promoting the Services. User further agrees that his or her business name may be revealed in descriptive text or commentary in connection with any published materials. Users further agree the media may contact them in connection with their use of the Services. All digital images, video or audio tape or quoted remarks are the sole and exclusive property of Chicostart. Users authorize the use of these materials indefinitely and without compensation. Chicostart will attempt to contact Users to request the use of the materials described above and will provide a complete and open description of the manner in which the materials will be used. If practical, Chicostart will provide draft copies of materials to be published for review and editing by Users prior to publication.