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Terms of Service

LET’S GET STARTED

For the purposes of these terms and conditions we are Investment Building Limited dba Club Level CoWorking and shall be known in these terms and conditions as “we,” “our” or “us,”.

(i) References to “you,” “your” and similar words in these terms of use refer to the individual registering for the Club Level CoWorking program and agreeing to be bound by these terms. (ii) If you are Non-US Based, by agreeing to these terms and conditions you are confirming that you are using these services for business purposes and not as a consumer (as defined in Regulation 4 of the Consumer Contracts Regulations).

By agreeing to these terms of service you are entering into an agreement that describes your rights and obligations in connection with your receipt and use of the services provided through the Club Level CoWorking program, comprising services provided through our website, clublevelcoworking.com and access to and use of certain space in certain Club Level CoWorking locations. Please read these terms carefully, as they affect your legal rights. Among other things, these terms include your agreement with us to arbitrate certain claims instead of going to court and, if applicable, to not participate in class action claims. If you have any questions about these terms, please contact leasing@evbco.com. By using our services, you are agreeing to abide by and be bound by these terms of service. Some features of our services may be subject to additional guidelines, terms, or rules, which will be posted with those features or otherwise communicated to you.

For the avoidance of doubt, references to “services” in these terms applies solely to access to and use of our locations and the online services we directly provide. “Services” do not include, and we are not involved in or liable for, the provision of services by third parties which you may elect to purchase in connection with your Club Level CoWorking membership. All such third party services are provided solely by the applicable third party pursuant to an agreement between you and the third party. You agree that our making available access to or discounts for these third party services does not constitute provision of such third party services by us, and you will look solely to the applicable third party for provision of the applicable third party services and for compensation for any claims, damages, liabilities or losses you may incur in connection therewith.

The availability and scope of the services, as well as the availability and scope of benefits we offer is subject to change from time to time in our discretion.

Our privacy policy (clublevelcoworking.com/privacy) explains what information we collect when you use our services and how that information is used.

We may make modifications, deletions or additions to these terms from time to time.

CREATING, PAYING FOR AND TERMINATING YOUR MEMBERSHIP

 Our services are available to members who are above the age of 21. Be certain you qualify. You agree to provide us with accurate and complete information about yourself when you register with us and as you use our services. You also agree to keep your information up-to-date. Don’t reveal your account password or transfer your keycard or other location access device to anyone else (or let them use your account). You are responsible for maintaining the confidentiality of your password and security of your location access device. You should promptly notify us if you suspect your password or location access device has been compromised. During the online registration process, you are asked to identify a company with whom your profile is associated. You agree that you will not falsely represent your association with any company, impersonate any third party or otherwise submit any false or misleading information to us. In the event your relationship with the company changes or is terminated, you agree to promptly update your profile to reflect this. Alternately, your individual account may have been created by an authorized representative of your employer. If you are an authorized representative, you hereby warrant and represent to us that you have the proper authority to create and terminate the company account and add and remove individual members to and from the account and agree to indemnify us for any loss we may suffer as a result of any breach of this warranty and representation.

Payments. By signing up for an account and providing your payment information, you agree to pay us the recurring or nonrecurring fees as displayed to you at the time you create your account or thereafter become due. You acknowledge and agree that the payment instrument provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our locations or property) in connection with your Club Level CoWorking membership. Your use of the services may be immediately suspended if we are unable to charge such payment instrument for any reason. Recurring fees shall be charged on as determined by us . The fees applicable to your account may be subject to modification from time to time pursuant to notice provided by us at least five (5) days in advance of the payment date for which the modification would be effective. Your continued use of the services following such notice and through the payment date constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees

(i) US Currency Only - All fees must be paid in US$ and are non-refundable, except that pre-paid fees shall be refunded on a pro-rated basis solely in the event that we discontinue the Club Level CoWorking program prior to the end of your pre-paid subscription period.

Account termination. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these terms, we may, at our sole discretion and possibly without prior notice to you, restrict your access to your account and our services and/or terminate your account with immediate effect. In addition, we may decline to renew your subscription at the end of your subscription period for any reason or for no reason. Furthermore, we may at any time terminate your account in the event we elect to discontinue the Club Level CoWorking. You can cancel your account at any time, by submitting a request at our help center. If your individual account was created by an authorized representative of your employer, an authorized representative of your employer may at any time terminate your individual account by contacting us. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid. Please note if you have signed up for the 6-month or 12-month commitment you agree to being charged for monthly without cancellation during your selected 6-month or 12-month term. Members are required to give a 30-day notice to move out. Move out forms must be submitted by the last business day of the month prior to vacating. Example: If a member wants to move out on August 31st, they must give notice to Club Level CoWorking management on July 31st.

ADVERTISEMENTS, ENDORSEMENTS AND TESTIMONIALS

Our online services may include advertisements endorsements and testimonials, which may be targeted to certain content or information available on our online services, to your interactions or your use of our online services, or to other information. The types and extent of advertising, endorsements and testimonials on our online services are subject to change. In consideration for us granting you access to and use of our online services, you agree that we and our third party providers and partners may place such advertising, endorsements and testimonials on our online services and waive any rights and indemnify us from any loss, cost or damage claimed.

USING OUR LOCATIONS

Mail Delivery. Subject to availability, you may elect to receive mail and packages at one of our locations. If you have done so, we will accept mail and deliveries on your behalf during such location’s regular business hours on such location’s regular business days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages after your terminate your membership. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages.

Community Guidelines. . In general, we expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to other members, their guests or the property of the foregoing, or to our employees or our locations or personal property. If you have questions about the guidelines for any of our locations, please contact us.

Security. For security purposes, we may regularly record via video certain areas of our locations. You may be required to present a valid, government-issued photo identification in order to gain access to our locations.

Property. We are not responsible for any property you may have in or leave behind in one of our locations. It is your responsibility to ensure that you secured and have retrieved all of your personal items prior to leaving.

Damage. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our locations and items therein caused by you or your guests.

Common Areas. Common spaces in our locations are to be accessed by you and your guests in the time immediately prior to and following your reserved time in the location. They are for temporary use and not as a place for continuous, everyday work.

Use of the Club Level CoWorking Name; Photos of the Locations; Other Members’ Property. You may not use the name Club Level CoWorking or use pictures or illustrations of our locations in any advertising, publicity or other purpose without our prior consent. You may not take or copy information belonging to other members.

Nature of these Terms. Notwithstanding anything in these terms of service to the contrary, these terms of service in no way shall be construed as to grant you any title, lease, easement, lien, possession or related rights in our business, our locations or anything contained in our locations. This agreement creates no tenancy interest (including any security of tenure), leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship.

LIMITATIONS OF LIABILITY

We are not liable for actions or inactions of our users or their invitees and you indemnify us from all liability. We do not control and are not responsible for the actions or inactions of users on or of our services or at our locations. We also do not and have no obligation to screen, edit, or review submissions. You should be aware that other users may not be who they claim to be. We do not perform background checks on our users nor do we guarantee that our users’ profiles are accurate. User submissions may be misleading, deceptive, or erroneous, and you acknowledge and agree that any use by you of any submission is at your own risk. We do not endorse, support or verify the facts, opinions or recommendations of our users.

We will not be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages and any loss of profits, revenue or data, even if advised of the possibility of such damages and regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise. . To the extent permitted by law, our total liability for any loss whether in contract, tort (including negligence), breach of statutory duty or otherwise, including for any breach of implied warranties or conditions, is limited to the amount you paid us to use the services to which the loss relates.

For the avoidance of doubt, nothing in these terms and conditions will exclude our liability for (i) death or personal injury caused by our negligence (ii) fraud or fraudulent misrepresentation or (iii) any breach of any implied terms which cannot lawfully be excluded.

Disclaimer of warranties and implied terms. To the extent permitted by law, we disclaim all warranties and terms, express or implied, with respect to our services, including warranties, terms or representations as to the availability, operation, performance and/or use of our services, or any other materials on or accessed via our services, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.

Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. In such event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.

INDEMNIFICATION

You agree to hold us harmless. You agree to indemnify and hold harmless us, our officers, directors, employees, agents, representatives and affiliates, and our third party providers and partners (including the owners of the locations for our locations), from any claims, damages, losses, costs, reasonable attorneys’ fees or other expenses that arise directly or indirectly out of or from your violation of the terms of service, your use of our services, or any information, content or materials contained, displayed or available therein, by you or any other person accessing them under your authorized access methods, your violation of the rights of any third party or your submissions, except in each case to the extent any of the foregoing arises directly out of our gross negligence or willful misconduct.

You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of these terms of service. You agree to cooperate fully in any of these inquiries. You waive any and all rights against us, our officers, directors, employees, agents, representatives and affiliates, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.

Updated 4/15/2016