Revelstoke Mountain CoLab Cooperative

Coworking Service Terms and Conditions

Section 1 - General

The Services Revelstoke Mountain CoLab Cooperative provides to you are subject to the following Terms and Conditions (T&C), including those additional documents referenced herein and/or available by hyperlink. Revelstoke Mountain CoLab Cooperative reserves the right to update the T&C at any time without notice to you.

Revelstoke Mountain CoLab Cooperative membership application does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis.

 

Section 2 - Description of Services

Revelstoke Mountain CoLab Cooperative may provide you with access to office space, internet, office equipment, conference space, knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the T&C.

Section 3 - No Unlawful or Prohibited Use

You will not use the Services for any purpose that is unlawful or prohibited by these T&C. You may not use the Services in any manner that could damage, disable, overburden, or impair Revelstoke Mountain CoLab Cooperative’s server, or interfere with any other party’s use and enjoyment of the Services.

 

You may not attempt to gain unauthorized access to the Services, or accounts, computer systems, or networks connected to any Revelstoke Mountain CoLab Cooperative 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 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.

 

Section 4 - Conduct

You hereby agree to:

  • Not abuse, harass, sexually harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  • Adhere to any code of conduct (Code of Conduct) or other guidelines (Guidelines) applicable from to any particular service, including policies and building rules.

 

Section 5 – Billing and Payment

You will prepay for your membership monthly based on your membership option. Payment is required at the beginning of the month for that period, at the date specified in the invoice. Daily drop-in usage is prepaid on the day of use. Monthly billing is on the anniversary date of sign-up. You must provide Revelstoke Mountain CoLab Cooperative with a valid credit card in order to activate your account and Services. You authorize Revelstoke Mountain CoLab Cooperative to automatically charge a credit card for all Services that you have requested. If your Services are setup for a re-occurring payment, Revelstoke Mountain CoLab Cooperative will automatically charge your card for the Services within 14 days of the re-occurring billing cycle. Prepaid amounts of any duration are not refundable for any reason, including but not limited to closure of business, change or upgrade of Services, bankruptcy, or other scenarios in which a cancelation of Services is requested. You will receive a receipt for all payments processed against the credit card or account by email and/or available in your online account. You agree to keep your credit card information updated, and to provide Revelstoke Mountain CoLab Cooperative with a new and valid credit card number if the old card is deactivated or does not have sufficient credit available to pay your fees. Revelstoke Mountain CoLab Cooperative reserves the right to place your account on hold and/or suspend your Services if you are overdue in paying any amounts due for Services.

 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Section 6 – Personal Information

Your submission of personal information to Revelstoke Mountain CoLab Cooperative is governed by our Privacy Policy.

 

Section 7 - Term and Termination

 

These T&C are effective unless and until terminated by either you or Revelstoke Mountain CoLab Cooperative pursuant to the terms hereof.

The T&C must be adhered to at all times. Failure to follow the T&C can result in non-renewal or even early termination of the Services. Revelstoke Mountain CoLab Cooperative reserves the right to terminate these T&C and/or deny you access to the Services (or any part thereof) at any time, immediately, without notice, and without refund for any pre-paid Services if, in Revelstoke Mountain CoLab Cooperative’s sole judgment, you fail to comply with the T&C, Code of Conduct, or Guidelines.

You may terminate these T&C by cancelling your membership online. Once cancelled by you, your membership shall continue to the end of your current billing cycle and the Service fees for that billing cycle shall be non-refundable.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these T&C for all purposes.

Section 8 - Modifications to the Services and Prices

Prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

Section 9 - Confidentiality

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 Revelstoke Mountain CoLab Cooperative, any member or user of the Services, that is non-public, confidential, or proprietary in nature.

 

All confidential information remains the sole and exclusive property of Revelstoke Mountain CoLab Cooperative 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 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 proprietary rights of Revelstoke Mountain CoLab Cooperative or any member or user of the Services.

 

Your participation in and/or use of the Services obligates you to maintain all Confidential Information in strict confidence (including not disclosing Confidential Information to any third parties) and not use in any way, directly or indirectly, Confidential Information that is not yours.

Section 10 - Authorized Disclosure of Information

Revelstoke Mountain CoLab Cooperative reserves the right at all times to disclose any information about you, your participation in and use of the Services as Revelstoke Mountain CoLab Cooperative deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.

 

Section 11 - Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service at any time, without notice to you.

The Services are (except as expressly stated by Revelstoke Mountain CoLab Cooperative) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. You expressly agree that your use of, or inability to use, the Services is at your sole risk.

Section 12 - Limitation of Liability

To the maximum extent permitted by the applicable law, in no event shall Revelstoke Mountain CoLab Cooperative or its subsidiaries (whether or not wholly owned), affiliates, divisions, and their past, present, and future directors, officers, agents, shareholders, members, representatives, employees, interns, volunteers, contractors, licensors, service providers, suppliers, successors, and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, incidental, consequential, or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of revenue, loss of confidential or other information or data, business interruption, personal injury, damage to property, theft, 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), whether based in contract, tort (including negligence), strict liability or otherwise, 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 Revelstoke Mountain CoLab Cooperative, and even if Revelstoke Mountain CoLab Cooperative has been advised of the possibility of such damages.

 

As a user, you are not required but it is strongly suggested that you carry an insurance policy to cover your own equipment while using our space.

Section 13 - Indemnification

You release, and hereby agree to indemnify, defend, and save harmless Revelstoke Mountain CoLab Cooperative and Revelstoke Mountain CoLab Cooperative subsidiaries (whether or not wholly owned), affiliates, divisions, and their past, present, and future directors, officers, agents, shareholders, members, representatives, employees, interns, volunteers, contractors, licensors, service providers, suppliers, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties (including reasonable attorneys’ fees) based upon or arising out of your breach of these T&C or the documents referenced herein, your violation of any law, or 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 Revelstoke Mountain CoLab Cooperative or its respective officers and agents in connection with the defense of such claim or lawsuit.

 

Section 14 - Severability

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.

 

Section 15 - No Waiver

 

The failure of Revelstoke Mountain CoLab Cooperative to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision.

 

Section 16 - Entire Agreement

 

These T&C and any policies or operating rules posted by Revelstoke Mountain CoLab Cooperative on its website or in respect to the Services constitute the entire agreement and understanding between you and Revelstoke Mountain CoLab Cooperative and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Revelstoke Mountain CoLab Cooperative (including any prior versions of the T&C).

 

Section 17 - Headings

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Section 18 - Governing Law

 

These T&C shall be governed by and construed in accordance with the laws of British Columbia, Canada.

 

Section 19 - Contact Information

 

Questions about the T&C may be sent to Revelstoke Mountain CoLab Cooperative at mountaincolab@gmail.com.

101-A Second Street East Box 2130, Revelstoke, BC V0E 2S0, Canada

©2018 by Revelstoke Mountain CoLab Cooperative

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