Legal Agreement: Terms of Service
(Please refer to Coworking Services Agreement provided to you at the start of your membership registration)
Clear Labs will provide a space that is available to contractors and inclusive designated agents only on a daily basis (based on terms in membership agreement). Contractor will receive 24/7 access to the premises 2529 Central Avenue, St. Petersburg Florida 33713 for rate specified on membership profile.
Members may not share or alternate access. All members must be disclosed and on record as members. Additional members may be added as "drop-in" for a rate of $150.00 per month with the same benefits as provided to primary member.
Clear Labs agrees to hold premises in good working condition including internet, WIFI and electricity.
Clear Labs is not liable for acts of god including flood, fire, power outage or infestation that may cause damage to the premises or prohibit usage of space.
In the event of non-act of god or nature but rather faulty equipment including AC/Internet or any other mechanical function that prohibits a safe and effective work environment for the contractor, Clear will be provided 3 business days to correct the issue. In the event the issue cannot be corrected the contractor will be compensated on a daily pro-rated basis for days the space is unavailable for use.
Clear Labs will provide contractor with a key-pad code for daily keyless entry and a code for security system usage.
Acceptance of Terms
The service Clear Labs provides to you are subject to the following Terms and Conditions (T&C). Clear Labs reserves the right to update the T & C at any time without notice to you.
The Clear Labs membership application does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis.
Description of Services
Clear Labs may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the T&C.
Your company has the right to bring in an outside phone line and internet connection at your own cost. Clear Labs is not responsible for maintenance or disruption to services. (Drop-In members excluded)
Contractor recognizes Clear Labs is a fully monitored coworking space with monitored alarm and security cameras recording at all times. Contractor will be provided with a key code access to the door and alarm code. Contractor is to keep this alarm and key code confidential to only the contractor and his/her authorized agents as provided by the membership agreement alone. Separate keycodes may be provided for guests. No alarm codes will be issued for guests and all guest must be granted access to premises only under the direct supervision of contractor with full iability for damages resulting to space or visitors residing with contractor.
Contractor will be charged for false alarms up to the maximum rate billed by the local police department monitoring alarm. These alarm fees are based on a sliding scale depending on how many false alarms have been registered to the premises. Contractor will be charged the current top rate for false alarm regardless of their role in prior false alarms.
No Unlawful or Prohibited Use
You will not use the Service 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 Clear Labs 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 Clear Labs 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, nor should you post or download files that you know or should know are illegal or that you have no rights to.
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 the T&C 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.
Use of Services
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spamming or any duplicative or unsolicited messages (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 the Clear Labs servers.
- Upload, or otherwise make available, file that contain images, photographs software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, 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, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
- Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules)
- 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; or
- Create false identity for the purpose of misleading others.
Renewals and Terminations
This Agreement is automatically renewed at the end of each period with consent of each party.
The T&C must be adhered to at all times. Failure to follow T&C can result in non-renewal or even early termination of the usage license. Clear Labs reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the space rules. If this happens, Clear Labs will refund any amounts paid for unused periods that remain after deducting any pending charges, damages, etc. on a prorated daily basis.
Members may terminate this agreement at with 30 days written notice.
Termination of membership may not be prorated. Notice given of termination after the 5th of any month (the late payment due date) will result in full billing for the following month and membership deposits will be used for the next full and final month which will be considered the first full 30 day period following proper notice.
June 4th member notices termination
July 1 member deposit used for final billing - membership ends on the last day of this month
June 6th member notices termination
July 1 member's account charged for full rate
August 1 deposit used for final billing - members membership ends on the last day of this month
Invoicing and Payment
The member will be automatically billed or invoiced monthly based on their membership option. Also to be included is any variable charges requested and approved by the contractor. Said charges would be agreed to under a separate or email reference.
Use of copier will be billed monthly at the first of the month for usage in the month prior.
Payment is required by the first of each month at the beginning of the month for that period.
Clear Labs reserves the right at all times to disclose any information about you.
Your participation in and use of the Services as Clear Labs 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 Clear Labs sole discretion.
You acknowledge and agree that during your participation in and use of the Services you may expose to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Clear Labs or any participants of use of the Services or any employee affiliated, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Clear Labs, any analyses, compilations, studies or other documents prepared by Clear Labs or otherwise derived in any manner from the Confidential Information that you are obliged 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 sue the Confidential Information in any way directly or indirectly determine to Clear Labs or any participant or user of the Services.
All confidential information remains the sole and exclusive property of Clear Labs or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be constructed as granting any rights to you, license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of Clear Labs 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 Clear Labs 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.
Disclaimer of Warranties
To the maximum extent permitted by the applicable law, Clear Labs 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: 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, quite 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 the applicable law, in no event shall Clear Labs 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 and 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 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 conection with any provision of this agreement, even in the event of the fault, tort (including neglicence), strict liability, breach of contract or breach of warranty of Clear Labs, and even if Clear Labs has been advised of the possibility of such damages.
Limitation of Liability and Remedies
Not withstanding 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 Clear Labs 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 T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to (ENTER AMOUNT) The foregoing limitations, exclusions and disclaimers, (including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You shall, during and after the participation in and use of the Services, refrains from making any statements or comments of a defamatory or disparaging nature to any third party regarding Clear Labs, or any of Clear Labs officers, directors, employees, personnel, agents, policies, services or products, other than the comply with law.
You release, and hereby agree to indemnify, defend and save harmless Clear Labs and Clear Labs 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, judgements, 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 attorney fees and costs incurred by Clear Labs 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 T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Clear Labs carries Liability and Business Personal Property insurance. As a user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Clear Labs.