Legal Agreement: Terms of Service
General Terms and Conditions
Monthly Membership payments are due on the first day of each month and is late if received after the 5th of the month (10% late fee applied on the 6th).
Complete and Binding Agreement: All preliminary negotiations between the Parties are merged into and superseded by, the terms of this agreement will not be enforceable until accepted by both Management and Member.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., member lounge, hallways, and restrooms.) in the Premises equally with the other members. Members cannot sublease space nor resell any services already offered and sold by Rock City Centre. This includes, and is not limited to, sharing, gifting, or reselling meeting room hours.
Guests: A guest is defined as a person or persons that are visiting a member for a period not to exceed one workweek.
Noise Level: Members will maintain a noise level that will permit all members to work without disturbance.
Rock City Centre reserves the right to terminate any service at any time. Rock City Centre 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 described herein.
Rock City Centre reserves the right to update the TOU at any time.
Rock City Centre may provide you with access to office space, work stations, Internet access, office equipment, event space, knowledge resources, and other services as Rock City Centre may provide from time to time (collectively, "Services"). The Services at all times are subject to the TOU.
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 Rock City Centre server, or the network(s) connected to any Rock City Centre 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 Rock City Centre 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 Rock City Centre 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 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; 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.
Rock City Centre reserves the right at all times to disclose any information about you, your participation in and use of the Services as Rock City Centre 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 Rock City Centre's sole discretion.
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Rock City Centre 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, Rock City Centre 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, remains with you.
Exclusion of Incidental, Consequential, and Certain Other Damages:
To the maximum extent permitted by applicable law, in no event shall Rock City Centre 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 Rock City Centre, and even if Rock City Centre 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.
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 Rock City Centre 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.
You release, and hereby agree to indemnify, defend and hold harmless Rock City Centre and Rock City Centre'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 Rock City Centre or its respective officers and agents in connection with the defense of such claim or lawsuit.
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.
Rock City Centre will carry General 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 Rock City Centre. Members will be responsible for paying for damages to Rock City Centre caused by negligence of Members.
**Community Guidelines **
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.
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!
Please be mindful of other people's space. If you see someone wearing headphones or immured at work, don't distract them.
Contribute to your community:
Ready to contribute? Not with money but with YOU. While Rock City Centre becomes an ambassador for you as soon as you sign-up, we still strongly encourage our members to network, introduce yourself and what brings you to this facility. Welcome to our work family.