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Legal Agreement: Terms of Service

General Terms and Conditions for CREED 63, LLC

Applicable to: CO-WORKING, MEETING ROOM AND PODCAST SERVICES

CREED63 (hereinafter called CREED63) is a Co-Working Space located in Birmingham, AL. It consists of shared space, private offices, virtual mailboxes, meeting spaces, podcast studio and business/community programing. CREED is located at 1601 5th Ave North, Birmingham, AL 35203.

Monthly Membership Dues.

The monthly fee is based upon the membership level you choose inside the CREED membership portal.

CO-WORKING AGREEMENT INCLUDES.

  • Ability to work amongst peer of community of entrepreneurs and service providers
  • Access to high-speed wireless internet
  • Use of meeting rooms
  • Free admission to member-related social and educational events
  • Coffee and snacks (alcohol may be available but on honor-based contributions)
  • Month-to-month membership pricing (an initial membership term may apply) and no long term contracts

Payments.

Membership payments will automatically process by credit card via CREED63 membership software on the day you join and will recur either on that day or the first of the month at CREED63’s discretion. Check or ACH payment may be made available at if the Member requests it and CREED63 agrees.

A deposit, equal to at least one month’s membership payment, is required for all Private Office Members prior to joining. The deposit will be held by CREED63 until termination of membership. The deposit will be refunded, less any third-party processing fees, if the office is returned to its original condition. Determination of condition is at CREED63’s discretion alone.

If payment is not received within 7 days of invoice due date, your services will be suspended until payment is made. CREED63 reserves the right to terminate this Agreement if payments are overdue on two (2) occasions or more. Termination will be in writing to the contact person and guarantor of your company by mail or e-mail and five (5) calendar days will be allowed to remove your property. Any items left at CREED63 will be donated.

If a Company/Member under this agreement has been terminated, then they may request a new or amended agreement. The new or amended agreement may require six (6) months of payment at the time of signing the new or amended agreement per CREED’s discretion.

Complete and Binding Agreement.

 All preliminary negotiations between the Parties are merged into and superseded by the terms of this agreement will not be enforceable until signed by both Management and Member. Any modification to this agreement must be in writing, signed by both Parties.

Member Rights in the Premises.

Member(s) may share all of the common spaces (e.g., hallways and restrooms) in the Premises equally with the other members. Members cannot sublease space nor resell any services already offered and sold by CREED63, LLC, This includes, and is not limited to, sharing, gifting, or reselling meeting room hours or podcast hours.

  1. Guests. A guest is defined as a person or persons that are visiting a member for a period not to exceed one workweek for a flex desk membership or one weekend for a weekender member.
  2. Noise Level. Members will maintain a noise level that will permit all members to work without disturbance.
  3. Termination Notice. CREED63 reserves the right to terminate any service at any time. CREED63 further reserves the right to terminate your participation in the use of any Services, immediately and without notice, if you fail to adhere to the Community Members Etiquette (enclosed). Month-to-Month - 30 Day Notice/last day is the last day in which the 30 days are concluded 6-month Term - If the member does not wish to renew the agreement, a 30-day Notice must be submitted 30-days before agreement termination. 12-month Term - If the member does not wish to renew the agreement, a 30-day Notice must be submitted 30-days before agreement termination

The following Terms of Use may be somewhat lengthy, but we want to be careful to ensure that everyone is adequately protected. Please feel free to contact us at dhines@creed63.com with any questions regarding these terms.

The services CREED63, LLC ("CREED63") provides to you, the undersigned (including but not limited to use of office space and access to the Internet), are subject to the following Terms of Use ("TOU").

CREED63 reserves the right to update the TOU at any time. CREED63 will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement. Description of Services.

CREED63 may provide you with access to office space, work stations, Internet access, office equipment, event space, knowledge resources, and other services as CREED63 may provide from time to time (collectively, "Services"). The Services at all times are subject to the TOU.

USE OF SERVICES.

You agree that when participating in or using the Services, you will not:

  1. give your keycard to anyone else or allow non-members use of the space at any time. Giving your keycard to someone else is grounds for immediate termination of your membership plan.
  2. participate in illegal or unlawful activities;
  3. restrict or inhibit any other user from using and enjoying the Services;

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 CREED63 server, or the network(s) connected to any CREED63 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, accounts, computer systems or networks connected to any CREED63 server or 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.

At this moment, you 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. 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.

You agree that when participating in or using the Services, you will not: Member credits may not be resold, shared, or gifted. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (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 CREED63 Services; 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 a 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;

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 rights of any party;

Upload files 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 distributed in such manner;

Restrict or inhibit any other user from using and enjoying the Services; Violate any code of conduct of other guidelines which may be applicable for any particular service); 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; and Create a false identity to mislead others.

CREED63 reserves the right at all times to disclose any information about you, your participation in and use of the Services as CREED63 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 CREED63's sole discretion.

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 CREED63, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary.

Confidential information also includes, without limitation, information about the 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 CREED63 or, any analyses, compilations, studies or other documents prepared by CREED63, 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.

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 in any way directly or indirectly detrimental to CREED63, LLC, or any participant or user of the Services.

All Confidential Information remains the sole and exclusive property of CREED63 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 CREED63, LLC, 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 CREED63 does not have any liability concerning 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, CREED63 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, professional 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, and benefits remains with you. 

Exclusion of Incidental, Consequential, and Certain Other Damages.

To the maximum extent permitted by applicable law, in no event shall CREED63 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 additional 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 CREED63, and even if CREED63 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 CREED63 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 preceding limitations, exclusions, and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Indemnification.

You release, and hereby agree to indemnify, defend and save harmless CREED63 and CREED63'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 CREED63 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 shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Insurance.

CREED63 will carry Liability and Business Personal Property insurance. As a user, it is strongly suggested that you take a Renters Insurance policy to cover your equipment while using our space. That policy may cover your current residence/office, as well as the premises of CREED63.

CONSENT FOR PHOTOGRAPHY/VIDEO CONSENT FOR MEDIA RELEASE & PROMOTIONAL USE.

Member hereby grants permission to CREED63, its employees, interns, or representatives to take and use photography/digital images, video, recorded audio or quoted remarks of member for use by Gravitate in promotional or educational materials. These materials might include but are not limited to electronic publications, printed publications, the CREED63 website, Facebook page, Twitter account or other electronic or print communications. Member further agrees that his/her name and identity may be revealed in descriptive text or commentary in connection with the image(s) published. Member also agrees that the media may contact member regarding his/her involvement with CREED63.

Member authorizes the use of these materials indefinitely without compensation. All prints, digital reproductions, video, and audio recordings shall be the property of CREED63. Materials are to be used in a promotional context unless otherwise specified in the communications with the member featured in the media.

**Community Guidelines **

Meeting Space

Respect meeting space and policy (rooms, schedule, credits). Please utilize the member booking portal to find out the available times and dates for each meeting room. Not being conscientious of schedule times may negatively impact others. If a long and important meeting is in your week's calendar, please reserve a meeting room. Member Credit may not be resold, shared, or gifted. Monthly credits do not rollover.

Cleanup

Cleanliness is essential, but especially in coworking spaces. With coworkers sharing one big space, please ensure your temporary flex or permanent workstation is clean and tidy before you leave. Don't forget to toss your coffee cup and space napkins, either. Common Sense in the Common Space. As a general rule, treat the space like how you want your home to be treated. This means eating only in designated areas, brushing up on the visitor policy, not taking items that are not yours, screaming in the hallways act. While this should go without saying, avoid discriminator behavior and harassment toward your fellow members, it's their space too!

Respect Boundaries

Please be mindful of other people's space. If you see someone wearing headphones or immured at work, don't distract them. This is an excellent opportunity to message your fellow coworking member on slack.

Contribute to your community. 

Ready to contribute? Not with money but with YOU. While CREED63 becomes an ambassador for you as soon as you sign-up, we still strongly encourage our member to network, introduce yourself and what brings you to CREED.

Furniture

At no time will You possess any rights or title to the furniture or electronics, nor are You allowed to assign, sub membership, or re-membership the furniture or electronics to anyone else.

By continuing on, you hereby acknowledge that you have read and understood all of the terms and conditions contained in this TOU and further agree to be bound to the TOU regarding your participation in and use of the Services.

THANK YOU,

CREED63