Payment Terms & Options Dates
All membership payments are due on the first business day of each month. All memberships, except Visitor, will auto renew unless cancelled. You must notify 429 Main in writing 30 days in advance of the next scheduled monthly membership payment due date to cancel membership. No prorated refunds will be given. Automatic billing required by placing credit card on file.
429 Main reserves the right to charge late fees and/or withhold services and access if payments are not received on time. Late fee of $50 will be charged for memberships paid after due date.
429 Main reserves the right to change membership fees to any or all membership packages with 30 days written notice to member.
Payment Methods
Members may pay via Cash, Debit or Credit Card (3% fee), Check, or ACH bank transfer.
With the selection of ACH bank transfer, notify the the building manager of this so the transaction can be completed.
Membership Restrictions
Memberships are not assignable, not transferable and may be used by member only. 429 Main has the right to require a member to show photo identification at any time.
This is a collaboration space and as such, to protect our clients, no solicitations (verbal or in writing) are allowed.
Security Deposit
All members will be charged a one time security deposit that is equal to the sum of the monthly membership lease. This will be charged concurrently with the first monthly lease payment through the chosen membership payment method. 429 Main reserves the right to hold, use, apply, or retain all, or any part, of the Security Deposit for the payment of any membership that goes unpaid, or for the payment of any amount that 429 Main may spend, or become obligated to spend, by reason of member’s default, or to compensate 429 Main for any other loss or damage which 429 Main may suffer by reason of members default.
Private Events
Private events may be scheduled (for a charge) in designated areas. All members will be given notice of at least 24 hours of these events and where they are located.
Terms of Use
1. Acceptance of Terms
The services 429 Main Co-working provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms of Use ("TOU"). 429 Main reserves the right to update the TOU at any time. 429 Main 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.
2. Description of Services
429 Main may provide you with access to office space, work stations, internet access, office equipment, conference space, knowledge resources, and other services as 429 Main 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 429 Main server, or the network(s) connected to any 429 Main 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 429 Main 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 the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (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 429 Main 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, including the use of illegal drugs while on the premises.
l. Use of tobacco products or marijuana in any form, vape or consume alcohol while on the
premises.
m. Bring children, pets or guests (unless a guest pass is purchased)
n. Create a false identity for the purpose of misleading others.
o. Cause a disruption or interfere with the working environment of other members in any way.
5. 24hr Access
24-hour access to our coworking space is a privilege granted exclusively to members with specific memberships that explicitly include this benefit.
a. Membership Eligibility: Members must opt for memberships that explicitly outline 24-hour access as part of their benefits. The access is not automatically granted to all members and is subject to specific membership terms and conditions.
b. Work Purposes Only: The after-hours access is strictly intended for work-related activities. Members are expected to use the facility responsibly and considerately during these hours.
Liability:
a. Members with 24-hour access understand and acknowledge that they enter and use the coworking space during after-hours at their own risk.
b. 429 MAIN shall not be held liable for any incidents, accidents, or damages that occur during after-hours usage.
c. Any event held within the coworking space during after-hours, which is not directly related to work purposes, shall be considered a private event.
d. 429 MAIN reserves the right to revoke 24-hour access privileges for members who violate the terms outlined in this section. Termination of 24-hour access may also result from violation of any other terms and conditions outlined in this coworking contract.
6. Private Events
Any gathering held after regular business hours, which deviates from the standard working environment, and involves the presence of one or more individuals who are not 24-hour access members, shall be deemed a private event. To host a private event, the contracting party must notify 429 Main in advance, and follow proper protocol. This can be done by contacting 429 Main’s building manager and director, Olivia Puchalski, during regular business hours via email at olivia@429main.com.
7. Disclosure
429 Main reserves the right at all times to disclose any information about you, your participation in and use of the Services as 429 Main 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 429 Main's sole discretion.
8. 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 429 Main, 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 429 Main, any analyses, compilations, studies or other documents prepared by 429 Main 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 429 Main, or any participant or user of the Services.
c. All Confidential Information remains the sole and exclusive property of 429 Main 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 429 Main, or any participant 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 429 Main 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.
10. Disclaimer of Warranties
To the maximum extent permitted by applicable law, 429 Main 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.
9. Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall 429 Main 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 429 Main, and even if 429 Main has been advised of the possibility of such damages.
10. 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 429 Main 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 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. Termination
429 Main reserves the right to terminate any Service at any time, 429 Main 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.
12. Indemnification
You release, and hereby agree to indemnify, defend and save harmless 429 Main and 429 Main'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 429 Main or its respective officers and agents in connection with the defense of such claim or lawsuit.
13. 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.
14. Insurance
429 Main shall not be obligated to insure any of your personal property while utilizing your membership. Member is solely responsible for any equipment and personal property while accessing the facilities and member bears the risk of loss, damage or theft to any equipment or personal property.
15. Forum
This Membership Agreement shall be enforced according to the laws of Michigan. 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.
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