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User Services Terms of Use

AROpr, LLC dba The Community Shared Space

Carmel, California

 

Last Updated October 25, 2022

 

AROpr, LLC dba The Community Shared Space (the “Company”) located at 3756 The Barnyard, Suite H23, Carmel, CA 93923 (the “Premises”) and You (“You / User”). The Company and You shall be referred to as the “Parties” are subject to the following Terms of Use (“TOU”).

 

1) DESCRIPTION OF SERVICES. Company may provide You with access to office space, workstations, Internet access, office equipment, conference space, event space, knowledge resources, and other services as Company may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.

 

Company provides at Premises 1 room branded as “Back Room” (the “Back Room”), 1 room branded as "Lounge" (the "Lounge") and access to the Lobby (the “Lobby”).

 

  1. Rooms. The User shall be given access to the Back Room, Lounge and Lobby located on the Premises on a first come, first serve basis limited to availability and business hours of operation.

  2. Internet Access. The Company shall provide premium internet access to Users by supplying a Wi-Fi Username and Password upon booking. Internet usage is limited to only when User is present at the Premises. User agrees to not disclose any passwords or identifying information with others.

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2) PREMISES USAGE & BOOKING. The Community is limited to Users, and their guests. Company shall not be held liable if damage of any type occurs to User’s or their guest’s personal property or equipment when using Company equipment or while on Company Premises. Cost to replace and/or repair lost, or damaged Company equipment, furniture, items, or materials caused by User or their Guests will be billed by Company to User’s credit card on file.

 

Booking of the Premises grants the privilege and use in common with other Users on the Premises. The User understands the use of the Premises is determined by each User’s agreement with the Company. In no way does the term “co-working” or “share meeting space” or any other term used suggest that the rights of any User is equal to another.

 

a) Capacity. Premises will be limited to up to the max number allowed by local code at any given time, including the User. If User needs to have present more people present during the use of the Premises permission must be requested at least 24-hours prior to scheduled booking from Company and Company retains sole discretion to approve or deny request.

b) Guests. Users shall include all Guests’ names at time of scheduling and booking reservation. Guests are not allowed to enter Premises without User being present. User booking The Community is responsible for the actions of their guests and assumes all liability on their behalf. Guests shall abide by these same TOU. Violation by Guests of any of the TOU will be immediate cause for removal from Premises

c) Booking. User must schedule and reserve a time for usage of the premises in increments of no less than (1) hour via the website portal (the “Booking Time”). User should request additional time:

i. It shall be at a rate stated as “Per Hour Fee” on their Membership Plan or deducted from Member’s monthly credits included with selected Membership Plan, or at Drop-In User’s rate

ii. User understands that the Premises being used may already be booked to another User and additional hours may not be made available at such time.

d) Usage Time. Users agree to limit the use of the Premises to the period of length of time reserved. Access to Premises will not be provided prior to the scheduled start time. Upon reaching the end time of the scheduled reserved time User and their guests must leave Premises in a timely manner and no later than the end time scheduled.

i) Delays. In the event User or User’s guests delay the use of the Premises by not clearing out by the end of the scheduled time an initial fee of $100 will be incurred, an additional $50 will be incurred 30 minutes after and an additional $50 will be incurred every 15 minutes until the premises are vacated and billed to User’s credit card on file. If delays in clearing out the Premises by User or User’s guests becomes a repetitive occurrence membership may be revoked by Company at Company’s discretion.

e) Booking Cancellations. To avoid being charged for the reservation User is required to cancel the scheduled booking forty-five (45) days prior to the start of the Booking Time via the website. For special events, such as weddings, seminars, baby showers, and other similar types of events, to avoid being charged for the reservation User is required to cancel the scheduled booking one-hundred and twenty (120) days prior to the start of the Booking Time via the website.

f) Prohibited Items. At no time will User bring into Premises any items or materials that are hazardous, emit odors, create or generate loud noise, block walkways or points of entry, may cause harm to others, or create a disturbance to others; these materials and items are considered to be “Prohibited Items”. Bringing any Prohibited Items into Premises may cause User to default on reserved timeslot without refund, but not limited to cause termination of User’s membership without refund at Company’s discretion.

g) Cleaning. User agrees to maintain room organized and clean prior to checking-out. User agrees to allow enough time during the allocated Booking Time to allow for cleaning up and retrieving all personal items or materials. In the event the cleaning and/or removal of User’s personal items or materials exceeds the time allocated for the Booking Time, Member shall be held to the terms of section d) subsection i). In the event User fails to return Premises clean and free of any personal materials or items, User will be charged a fee as noted in the Use of The Community Guidelines “Cleaning Fees”.

h) Equipment. Premises are equipped with 6 foldable 6 foot tables, 12 padded conference chairs, 20 foldable metal tables, 4 lounge chairs, couch, coffee table, trash can, trash baskets, 3 Smart Television with remote control, 1 projector screen, 1 projector with remote control, 1 soundbar with remote, 1 PA system with mixer and 2 wireless microphones, 2 dry erase board with markers and eraser, and 2 air purifier for User’s use. Limitations of use apply to the following items:

i) Smart Television and Projector Screen with Projector. User is limited to use equipment to “Cast” or “Project” from User’s personal smartphone or laptop or similar compatible device. User may connect to personal equipment via hardwire made available by Company, at Company’s discretion. User will not disconnect, remove, or replace any hardware, such as wires and/or cables attached to the equipment. Company will make best efforts to maintain latest available technology for User’s use and User is solely responsible for providing a compatible device to work with available equipment on Premises. User shall not adjust settings, picture, volume or use the equipment for any other used other than that defined above. User will handle equipment with care and not remove equipment from its permanent location or Premises.

(1) Remote Control. User will be provided a remote control upon check-in with Company at Premises. User is responsible for returning the remote control in the same quality as it was provided.

ii) Dry Erase Board. User agrees to only use dry erase markers provided to User by Company. User will handle board, markers and eraser with care and avoid damaging equipment. User will return markers and eraser to Company at Premises upon check-out.

iii) Air Purifier. User agrees to not adjust settings of the equipment without permission from Company. User also agrees to not unplug, relocate, cover or move equipment without permission from Company.

 

3) BUSINESS HOURS & DAYS.

The business hours of the Premises shall be the following:

Days: Monday through Sunday

Start Time: 8:00 AM

End Time: 10:00 PM

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During such hours, the User agrees to keep their noise level so as not to interfere with or annoy the other businesses.

 

4) 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 The Community Shared Space server, or the network(s) connected to any Company 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 Company 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.

 

5) USE OF SERVICE. You agree that when participating in or using the Services, you will not:

 

  1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);

  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through the Company;

  4. 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;

  5. 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;

  6. 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;

  7. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

  8. Restrict or inhibit any other user from using and enjoying the Services;

  9. Violate any code of conduct of other guidelines which may be applicable for any particular Service (including the Building Rules for The Barnyard Shopping Village);

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

  11. Violate any applicable laws or regulations; and

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

  13. No User may conduct any activity within the Premises that, in the sole judgment of the Company, create excessive traffic or be inappropriate to the other Users experience;

  14. No User may advertise or have identifying signs or notices that are inscribed, painted, or affixed on any part of the Premises without the express written consent of the Company;

  15. All Users shall keep clean any common areas after use. This includes, but is not limited to, the entire premises, coffee and snack areas, visual equipment, and any other space that may be used by another member;

  16. All Users are prohibited from smoking in any area of the Premises; and

  17. All Users are to operate in a way that is courteous with all other individuals.

 

The Company reserves the right to make other reasonable rules and regulations from time to time in order to promote a good shared environment amongst the users.

 

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

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7) 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 Company, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.

 

b) 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 Company, any analyses, compilations, studies or other documents prepared by Company 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.

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c) 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 Company, or any participant or user of the Services.

 

d) All Confidential Information remains the sole and exclusive property of Company 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 Company, or any participant or us of the Service

 

8) PARTICIPATION IN OR USE OF SERVICE. User acknowledges that User is participating in or using the Services at own free will and decision. User acknowledges that Company does not have any liability with respect to User’s access, participation in, use of the Services, or any loss of information resulting from such participation or use.

 

9) MEMBERSHIP PAYMENT TERMS & OPTIONS. Membership shall commence on the date payment is received by Member, unless otherwise noted by either Parties. Company provides several Membership Plans (the “Plan”) options which may or may not include different tier options in pricing, terms, benefits, inclusions or exclusions of Services or products. For current membership plans available please visit https://www.thecommunitysharedspace.com/membership

 

a) Payment. Membership is payable upfront for a defined term listed under current membership plans. Member agrees to provide and maintain a credit card on file to automatically charge the Membership Fee for the upcoming billing cycle.

b) Default. In the event Member’s credit card on file is declined, Member’s Services will be suspended until Member is able to provide a replacement credit card.

c) Changes by Member. Member has the option to upgrade the Plan at any time during the same billing and/or current billing cycle. Plans cannot be changed for a lower Plan until Member’s next billing cycle.

d) Changes by Company. Company reserves the right to increase or lower pricing, terms, change, alter, modify, or remove Plan(s) as it may deem necessary at Company’s own discretion. Any changes to Plans will be provided in writing to Members at least 30-days prior to taking effect.

 

10) SECURITY DEPOSIT. The User may be required to pay a Security Deposit as part of their booking or Membership for a minimum of $200.

 

11) LATE PAYMENT FEES & COLLECTIONS. If any payment or charges due by the User to the Company for Services or products other than monthly membership fee and are not made within 21 calendar days, the Company shall charge a late fee in the amount of equal to a percentage of the balance as allowed by law and local jurisdictions.

 

12) OTHER FEES. The User may be obligated to pay additional fees for Services or products offered to User that are not included in the Membership Plan or booking. These fees vary in types of Services and products consumed or purchased by Users or the guests of the User that Company may offer at its own discretion.

 

13) MORAL CLAUSE. User shall not in addition to and not in limitation of any of the rights or remedies available to Company hereunder, if during the term of booking or membership User shall be charged with the commission of any act which is an offense involving moral turpitude under federal, state or local laws, or should User commit any act which would reasonably and objectively bring Company or its products into disrepute, contempt, scandal or ridicule, at any time, then Company shall be entitled to terminate User’s booking or membership without due process and be effective immediately. Company shall no longer be responsible for providing a refund or credits to User for any booking and/or membership fees paid.

 

14) SURVEILLANCE. Company uses 24-hour camera surveillance throughout the Premises to assist in maintenance, management and to provide a safe meeting space for Users and their guests.

 

15) PETS. The Company does not allow pets on the Premises at any time except for those legally allowed under State law for individuals with disabilities.

 

16) DISCLAIMER OF WARRANTIES.

To the maximum extent permitted by applicable law, Company 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.

 

17) EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

To the maximum extent permitted by applicable law, in no event shall Company 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 Company, and even if Company has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.

 

18) 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 Company 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.

 

19) TERMINATION.

Company reserves the right to terminate any Service at any time. Company 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.

 

20) INDEMNIFICATION.

You release, and hereby agree to indemnify, defend and save harmless Company and Company’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 Company or its respective officers and agents in connection with the defense of such claim or lawsuit.

 

21) 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.

 

22) INSURANCE.

Company will carry General Liability insurance. As a User, it is strongly suggested that you carry your own Insurance policy to cover your own equipment while using our Premises. Insurance is required for most types of events, please view Guidelines for Requiring Insurance for more information on insurance requirements.

 

23) TRANSLATION INTERPRETATION.

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

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24) CHANGES TO THESE TERMS OF USE.

We reserve the right, at Our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

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By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@bookthecommunity.com

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