| AGREEMENT DATE: | PLAN NAME: | ||
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| START DATE: | TERM DATE: |
| Full Name: | Company Name: | ||
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| Email: | Billing Contact: | ||
| Address: | Payment Method: | ||
| Phone: | Broker Name/Company: |
| Monthly Charge: | Refundable Key Fob Deposit (Upon Return): |
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| Setup Fee: | Refundable Deposit: | ||
| Tax Rates as Applicable: | Credit Card Processing Fee: |
| Home Location: | |
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| Suite Number: |
| Will Address be Used? | |
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| ADDRESS: |
| Host: Spoke Coworking LLC | Email: info@spokeco.work |
| Phone: 520-477-2777 | Headquarters: 6700 E Speedway Blvd, Tucson, AZ 85710-1220 |
The date the first reservation is booked and agreed to in person, via email info@spokeco.work, or via Host site: members.spokeco.work or any Marketplace Service, or the date this document is digitally signed, whichever is first.
The Host and the Host’s email and address as set forth above. Additionally, this could include: Any coworking Marketplace Services or aggregators providing sourcing, finding, and/or mailing services. Spoke Coworking may join or cancel these organizations at any time (e.g., Deskpass, LiquidSpace, ipostal, etc.).
The individual who physically accesses the property as set forth above. The person signing this contract may or may not be the Guest. The Signor is ultimately responsible for the Guest, whether the Guest is the Signor themselves, an employee, a customer, a family member, or any other assign. If the contract is signed by someone other than the Guest, the Signor will be referenced in the Notes field above.
Your and Yours refers to any property, rights obligations, or responsibilities that belong to, or are controlled by You under this Agreement.
Ours refers to any property, rights, obligations or responsibilities that belong to or are controlled by Spoke Coworking under this Agreement.
The space the Guest reserves through any booking method.
The buildings at 6700 E Speedway Blvd, Tucson, AZ 85710, and 5151 E Broadway Blvd, Suite 1700, Tucson, AZ 85711, where the Spaces are located.
The period beginning on the Start Date and ending on the End Date, or the last day of any period or month ending following any auto-renewals and notice periods as outlined in the RENEWALS section. For purposes of renewal, the Term will renew on the closest 1st day of the month following the start or renewal date, when the contract is not started on the 1st.
The recurring fee due at the start of each billing period for the use of Space, as outlined in the Fees section. This amount may be subject to adjustments in accordance with pricing changes and renewals.
Any one-time fees for services provided to Guest not included as part of the Monthly Charge. (ex. printing, scanning, mail forwarding, etc.)
The setup charges due on signup date, the Monthly Charges due on Start Date and monthly thereafter, as well as Incidentals accrued monthly, due on the Agreement Start Date for the first month and monthly thereafter with Monthly Charges being due at the start of every new month or period and Incidentals being due in arrears at the start of the next month or period.
The monetary amount, set at the then-applicable deposit fee as determined by the Host. Deposit amounts may change over time and will be referenced in the Fees section. Deposits are only refundable per the terms outlined below.
Sales/service taxes set by the City of Tucson in the State of Arizona, due and payable by the Guest, then processed to the assessing government.
Any aggregators providing coworking sourcing, finding, and/or mailing services. Spoke Coworking may join or cancel these organizations at any time (e.g., Deskpass, LiquidSpace, ipostal, etc.).
Capitalized terms used and not otherwise defined in this Agreement or the Exhibits, Schedules, or Addendums shall have the meanings set forth in the "Definitions" section above.
This Coworking Contract ("Agreement") is made as of the Agreement Date between the Host and Guest for the use of the Space located in the Building(s).
The spaces operated by Host under this Agreement include:
Subject to the terms and conditions of this Agreement, the Host grants the Guest a non-transferable license to occupy and use the Space in the Building(s) ("License") during the Term, and the Guest accepts such License.
The Term begins on the Start Date and ends on the later of the End Date if specified or any one-month, six-month, or annual renewal increments following the Start Date and based on the contract notes showing the Term or the specific plan when there are no notes. The Term will renew on the closest 1st day of the month following the start or renewal term date, when the contract is not started on the 1st.
The Guest agrees to accept the Terms, Conditions, and Policies provided by the Host regarding use of the Space, including building security procedures, occupancy limitations, specific City or State law requirements, and other terms or procedures provided by the Host ("House Rules"). The House Rules may be revised and amended by the Host without the prior consent of the Guest; provided that Host shall provide Guest with notice of such revisions and/or amendments. Notice is considered given when sent through the Member portal email, slack message, or mentioned in the Spoke Newsletter. In the event of a conflict between this Agreement and the House Rules, the House Rules shall govern.
The Guest agrees to abide by the Data Connection Exhibit. These Terms may be revised and amended by the Host without prior consent of the Guest.
The Guest agrees to pay the Fees, Deposits, and Taxes for use of the Space to the Host.
Beginning June 1, 2025, a 2.9% credit card processing fee will be applied to all payments made via credit card. This fee is automatically added at the time of transaction and is non-refundable. You may avoid this fee by setting up ACH transfer.
In keeping up with business expenses, the Monthly Charges shall be subject to an annual increase of 3%, rounded up to the nearest $5, on each annual renewal Term date. All increases will be announced at least 30 days in advance of roll-out.
This Agreement (including any Exhibits, Schedules, or Addendums signed now or hereafter) constitutes the entire Agreement between the Host and the Guest regarding the use of the Space and supersedes any prior agreements or discussions between the Host and the Guest relating to the Guest’s use of the Space.
You agree to abide by and cause Your employees, agents, guests, invitees, contractors, and subcontractors ("Invitees") to abide by this Agreement and any applicable House Rules along with any Exhibits or Addendums now or in the future.
The Space is accepted by the Guest in its “as-is” “where-is” condition and configuration. If, for any reason, the Host is unable to provide use of the Space at the anticipated Start Date, You agree that the Term shall be automatically postponed until possession becomes available. Host’s failure to deliver possession of the Space shall not subject the Host to any liability for loss or damage, nor shall it affect the validity of the License. If the Host does not deliver possession of the Space within one week after the anticipated Start Date, the Guest shall have the right to cancel the License with no penalty and be entitled to a full refund of amounts paid.
You agree to use the Space provided to You for general business or office purposes only, not for sleeping or lodging. You may not use the premises or Space to carry out any illegal activities or use the premises or Space (A) in violation of law or the House Rules, or the Data Connection Exhibit, or (B) for any immoral, unlawful, or objectionable purposes. Further, You shall not use or permit the usage of any illegal drug or substance in the Space or in the Building(s) and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Space or the Building(s). You shall not commit, or suffer to be committed, any waste upon the Space or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other occupants in the Building(s).
You agree not to exceed the Maximum Occupancy of the Space, outlined on the floorplan and per suite which may be changed from time to time, and as determined solely by Spoke Coworking.
Any alterations, additions, or improvements, as well as any installations or removals to the Building(s), Space, or furnishings, require prior written approval. This includes, but is not limited to, painting or wallpapering, installing or removing carpeting or flooring, window coverings, HVAC systems, lighting, or any electric, phone, or data lines. Any change beyond the addition of Your own furniture must have prior written consent.
You shall not generate, store, install, dispose of or otherwise handle any hazardous materials in the Space, or in or around the Building(s), in any manner contrary to any applicable law. You shall be liable for the costs of any removal, clean-up and/or remediation of any hazardous or biological materials released by You or Your Invitees.
You agree that the Host has the right upon 30 days’ written notice, to require that You relocate to another Space in the same Building of equal or larger size and similar configuration for the remainder of the Term, provided that the Fees for such new workspace are no greater than the Fees for Your current Space.
You shall not cause or permit any lien to be placed on the Space, the Building(s) or the land underlying the Building(s). Any such lien shall be discharged by You within 10 days of You becoming aware of such lien.
We reserve the right to access the Space at any time for operational, maintenance, or safety purposes. Access by Us or Our authorized representatives does not entitle You to any fee reduction, refund, or abatement of Fees or Taxes.
As a courtesy, We will attempt to provide advance notice when access is needed for repairs, inspections, or testing, excluding routine cleaning and maintenance. However, We retain full discretion regarding when and how such work is conducted.
This agreement does not establish tenancy rights or exclusive possession. You have a license to use the Space, subject to the terms outlined in this Agreement.
Guest acknowledges and agrees that Spoke Coworking is not bound by any non-compete agreements and reserves the right to license or lease space to other individuals or entities, including those that may operate businesses similar to or competitive with Guest’s business. Nothing in this agreement shall be construed as granting Guest exclusivity or limiting Spoke Coworking’s ability to host other businesses within the premises.
You must take good care of the Space and its contents, ensuring no damage, waste, or unauthorized changes occur. This includes any part of the Space leased or owned by the Host (the “Host Area”) and the Building(s). You are prohibited from altering, adding, replacing, removing, or damaging any furnishings, equipment, or other personal property located in, on, or around the Space, Shared Facilities, Host Area, or Common Areas that are not owned by You or Your Invitees (“Host Personal Property”).
At the end of this Agreement, whether by expiration or earlier termination, You must return the Space and all Host Personal Property in good condition, except for normal wear and tear. If any damage, including accidents or messes beyond normal wear and tear, occurs to the Space or Host Personal Property while under Your care, custody, or control, You agree to pay reasonable cleaning, repair, or replacement costs. You must notify the Host immediately upon discovering such damage, but no later than 8 hours after the occurrence.
You are liable for any damage caused by You or Your Invitees to the Space, Shared Facilities, Common Areas, Host Personal Property, or the Building(s). YOU DISCLAIM AND WAIVE ALL WARRANTIES WITH RESPECT TO THE HOST PERSONAL PROPERTY, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
If available at the Building(s), You may also have access to and non-exclusive use of any portions of the Building(s) or suites designated for common use of Guests and others ("Common Areas"), as, and to the extent, described in the House Rules. The Common Areas may be changed, relocated, altered, eliminated or otherwise modified at any time during the Term without the consent of, or notice to, Guest. The right to private access to Common areas or specific parking is not provided under this Agreement.
Your safety is a priority in both coworking locations. As part of Your Membership, You will be provided with a tour showing all exits upon Your first visit. It is Your responsibility to familiarize Yourself with emergency exit routes and evacuation procedures.
For the safety and comfort of all guests, Spoke Coworking strictly prohibits guns or weapons of any kind inside the premises. This policy applies to all Members, Guests, and Invitees, except for on-duty law enforcement officers or authorized security personnel as required by law or specific written agreement with the Host.
If available at the Building(s), You may also have access to and non-exclusive use of any shared conference rooms, or office equipment, and kitchenettes (the “Shared Facilities”) located in the Space on a first-come, first-served basis as, and to the extent, described in the House Rules. The Host may make changes to the Shared Facilities from time to time during the Term including, without limitation, removal of all or portions of the Shared Facilities without Your consent or notice to You.
The Tower Suites location at 5151 E Broadway Blvd offers a gym with showers for Guest use.
To use the gym, you must complete the Fitness Center Agreement required by the Landlord, including providing vehicle details and contact information, if applicable. The Host is not responsible for the terms outlined in the Fitness Center Agreement, as they are determined by the building owner.
By using the fitness center, You acknowledge and accept full responsibility for any injuries, accidents, or damages incurred. You agree to waive any claims against Us, Our affiliates, and Our landlords related to gym use, including but not limited to equipment malfunctions, slips, falls, or other incidents. The Host assumes no liability for any risks associated with physical activity in the gym.
Any keys, fobs, codes, or entry cards for the Space or the Building(s), which the Host lets You use, remain the Host’s property at all times. You shall not make any copies of them or allow anyone else to use them without the Host’s consent. Any loss of keys, fobs, or entry cards must be reported to the Host immediately, and You must forfeit Your corresponding Deposits or pay the cost of replacement keys, fobs, or cards and/or changing locks, if required by the Host. Upon receiving notice of a lost key, fob, or entry card, and subject to the Guest's payment of the replacement cost or forfeiture and replacement of the corresponding deposit, the Host shall provide a replacement within two (2) business days.
You shall not place any additional locks or bolts of any kind upon any of the doors, windows, or furnishings of the Space or Building(s) nor make any changes to existing locks or the mechanisms thereof.
You may only conduct business in Your name. You shall not put up any signs or decor near or on the doors to the Space or Building(s) or anywhere else, which are visible from inside or outside the Space or Building(s). Any shared address information and details will include the proper suite number provided and determined solely by Host.
You acknowledge that the Host is and will continue to be an equal opportunity employer, prohibiting any form of discrimination in employment against any of its employees. This includes discrimination based on race, color, creed, religion, age, gender, marital status, sexual orientation, national origin, disability, or other characteristics protected by law.
In recognition of this policy, You and Your officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers, or invitees are prohibited from engaging in any harassing or abusive behavior, whether verbal or physical, towards employees of the Host or its affiliates, other clients, or invitees in the Building(s) for any reason.
You further agree to cooperate with the Host, upon request, in its efforts to enforce and maintain its equal employment opportunity, non-discrimination, and anti-harassment policies. The Host may immediately terminate this Agreement without cost or penalty if You or any of Your invitees engage in any behavior that the Host deems contrary to these policies.
You grant Us permission to photograph, record, and use Your likeness for promotional and business purposes. This includes, but is not limited to, publication on Google Business, social media channels, Our websites, and any other business-related sites, listings, or marketing materials.
You acknowledge that We may capture and use these images without additional compensation or approval. If You prefer to opt out, You must notify Us in writing before Your visit. We reserve the right to deny entry or service if an opt-out request conflicts with Our operational or promotional needs.
Our Headquarters location (6700 E Speedway Blvd) has a BYOB Liquor License granted by the Arizona Department of Liquor Licenses and Control that can be utilized for private functions. This means that after signing Our Events With Liquor at Spoke Agreement and the corresponding Event Agreement:
No pet shall be brought in or kept in or about the property. Service animals are permitted. Service animals are not pets. Service animals are allowed in offices of individuals, though not permitted to dwell in or loiter in public spaces of the office unless absolutely necessary for the wellbeing of the individual/owner.
Host is not responsible for any service animal and if it becomes (or may become) a distraction or a health or safety concern or violation, We reserve the right to ask that animal to leave the property and/or ban it from returning.
There will be no extra cleaning or maintenance charges. However, in the event of an accident, We do ask that if You are able, You clean up after Your or Your guests' service animals Yourself. The animal may relieve themselves outside, in the back, provided that the owner picks up afterwards and it is not on any furniture. We ask and strongly encourage that all animals at this time be kept on a leash due to the high amount of other wild animals living in the desert behind, however if this impedes with the animal’s task this does not apply.
Please note: Emotional support animals are not considered service animals. A service animal is defined as any guide dog, signal dog, or other animal that provides assistance to an individual with a disability.
The ADA considers any animal that fits this description a Service animal even if it does not have any form of licensing or certification.
If You or Your guests would like to bring a Service animal, please be aware of the following questions We might
ask:
(1) Is the dog a service animal required because of a disability?
(2) What work or task has the dog been trained to perform?
(3) Are there any other accommodations needed for You, or Your animal?
Neither Host nor Guest, nor their respective employees and agents shall knowingly solicit, recruit, hire or otherwise employ or retain the employees of the other during the Term and for 90 days following its termination or expiration without the prior written consent of the other party. Either party may solicit or recruit generally in the media. Either party may hire, without prior written consent, the other party’s employee who answers any advertisement or who voluntarily applies for hire without having been personally solicited or recruited by the hiring party. If either party does hire from the other, a finder’s fee of no less than $3000.00 shall be due and payable to the other party.
[ ] I agree to receive text messages from Spoke Coworking at the phone number provided. I acknowledge that my consent to receive these text messages is not required as a condition of purchasing any property, goods, or services from Spoke Coworking.
I understand message and data rates may apply and message frequency varies. I can reply HELP for help, or STOP to cancel these messages at any time. I have reviewed and agree to Spoke's Terms and Privacy Policy.
During the Term, You shall pay the Fees, Deposits, and Taxes directly to the Host. Upon the Start Date, the following are due and payable by the Guest (the “Initial Payment”):
For each following month of the Term, the Monthly Charge and any applicable Taxes are due and payable on the first day of the calendar month or the date the partial month began depending upon Your plan. If the Term ends before the last day of the month, any prorated Monthly Charges, Taxes, and applicable credit card fees for the final partial month must be paid immediately upon invoice. In no event, shall any prorated amounts be refunded to You when canceling prior to the end of the Minimum Term, and/or without at least 30 days or one full month’s notice.
If applicable, the Host may also include additional charges for Incidentals for services provided to Guest not included in the Monthly Charge. These services may include but not be limited to meeting rooms, photocopying, catering, event setup, postage, etc. The Incidentals will be collected in arrears on the first of every month and paid by Guest directly to Host.
If any payment due to Host is not received within 5 days of the due date, the Host may, at the Host’s discretion, charge a late fee of 5% of the overdue amount or the Host may terminate this Agreement without cost or penalty to Host. In addition, all unpaid Fees will accrue interest at a rate of 5% per month, compounding monthly, until paid in full. The Host reserves the right to seek collection of unpaid amounts, and the Guest agrees to be responsible for all reasonable collection costs incurred, including attorney fees if applicable. All remaining Fees and Taxes for the remainder of the Term are immediately due and payable by the Guest.
At its core, this agreement is a monthly contract, therefore the Host reserves the right to increase pricing with thirty (30) days’ notice, even if the contract Term is longer. Notice will be provided via the Weekly Newsletter, Member Portal, and/or direct email to the registered email on file. Guests may either continue using the Space at the new pricing, or cancel their membership and this Agreement. However, the Refundable Security Deposit will not be returned upon cancellation.
If any payment due to Host is not received within 5 days of the due date, the Host may, at the Host’s discretion, charge a late fee of 5% of the overdue amount or the Host may terminate this Agreement without cost or penalty to Host. All unpaid Fees will accrue interest at a rate of 5% per month, compounding monthly, until paid in full.
All Fees and Taxes paid by Guests are non-refundable, except as expressly stated in this Agreement. The Host may cancel this Agreement without cause, and with 30 days’ notice, at any time.
The Host reserves the right to modify, change, or discontinue policies, offerings, or pricing at any time without prior notice, particularly when adjustments are required by the landlord or Building owner of either location. Pricing changes at Headquarters are determined solely by Host, while changes at Tower Suites may be influenced by the Building owner. Changes will be communicated through official channels, including email, newsletters, or the Member portal.
The License will continue in perpetuity until either party terminates within the terms of this agreement. There will be no additional Setup or Deposit Fees for Licenses that automatically renew. If a Member elects to cancel and then return, they may be subject to new Setup Fees at the prevailing rates.
For term contracts, if Guest does not intend to renew, Guest must provide written notice to Host at least one calendar month before the end of their current Term. This ensures Host has sufficient time to schedule a walkthrough, market the Space, and prepare for new occupancy.
If the contract Term is for two years, the contract will automatically renew every two years for additional two-year periods unless either party gives at least two full calendar months’ notice. Monthly Charges will be subject to an annual increase of 3%, rounded up to the nearest $5, effective on the closest 1st day of the month following the annual renewal Term date.
If the contract Term is for one year, the contract will automatically renew every year for additional one-year periods unless either party gives at least one full calendar months’ notice. Monthly Charges will be subject to an annual increase of 3%, rounded up to the nearest $5, effective on the closest 1st day of the month following the annual renewal Term date.
If the contract Term is for six months, the contract will automatically renew every six months for additional six-month periods unless either party gives at least one full calendar months’ notice. Monthly Charges will be subject to an annual increase of 3%, rounded up to the nearest $5, effective on the closest 1st day of the month following the annual renewal Term date.
If the contract Term is monthly, the contract will automatically renew every month for additional one-month periods. For Guest plans involving a Private Office or Dedicated Desk, notice of non-renewal must be provided at least 30 days before the end of the current Term. For all other monthly membership plans, notice of non-renewal must be provided at least 3 days before the end of the current Term. Monthly terms are not subject to proration and no previously paid amounts will be refunded. Monthly Charges will be subject to any current and published prices which may change at any time.
You shall be considered in default of this Agreement if: (A) You fail to pay any portion of the Fees or Taxes when due, and such failure continues for 5 days after written notice to You. (B) You fail to comply with any term of this Agreement, and such failure is not cured within 5 days after written notice to You. (C) You attempt to sublicense, assign, sell, or transfer any interest in this Agreement without Our prior written consent.
Upon default, We reserve the right to:
Guest must fully vacate the Space on or before the last business day prior to the termination date. Move-outs may not occur on weekends, as Host requires staff availability to conduct the final walkthrough and coordinate turnover logistics.
All Monthly Charges, Fees, and Taxes due for the final billing period will be assessed in full and will not be prorated if Guest vacates prior to the termination date as a result of the calendar dates.
Failure to vacate by the designated deadline may result in continued payment obligations, forfeiture of any Refundable Deposits, and additional fees for delayed turnover.
If You fail to vacate the Space upon termination, You shall be charged a daily fee equal to the greater of $2,500 or two times the Monthly Charge until You have fully vacated.
You shall remain responsible for any unpaid Fees and Taxes, as well as reasonable costs incurred by Us in seeking recovery, including attorney fees, collection costs, and related expenses.
Notwithstanding the foregoing, We retain the right to enter the Space at any time following default or termination to:
In addition to termination, We reserve the right to pursue any remedies available at law or in equity for collection and enforcement.
Except to the extent caused by the gross negligence or willful misconduct of the indemnified party or such party’s officers, directors, employees, representatives, contractors and agents, You agree to indemnify, defend and hold the Host, its landlord, if applicable, and any mortgagee harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with Your and Your Invitees' use of Space, Common Areas or Shared Facilities, or services, including mail handling, or any violation of applicable law, this Agreement, any Addendums, the House Rules, or other exhibits. Nothing contained in this Agreement shall be construed to create privity of estate or of contract between You and/or Host or Host’s landlord, if applicable.
EXCEPT AS PROVIDED HEREIN AND IN ANY ADDENDUMS, HOUSE RULES OR EXHIBITS, THE HOST IS PROVIDING ITS SPACE TO THE GUEST "AS IS,"AND HOST DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SPACE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOST CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE TO GUEST, ANY SPECIFIC RESULTS FROM USE OF THE SPACE OR HOST PROPERTY.
HOST DOES NOT REPRESENT OR WARRANT THAT THE SPACE WILL MEET YOUR REQUIREMENTS; THAT THE SPACE MEETS APPLICABLE LEGAL STANDARDS OR IS SAFE AND SUITABLE FOR YOUR INTENDED USE.
IN NO EVENT WILL HOST OR ITS LANDLORD OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO GUEST, OR ANY PARTY CLAIMING THROUGH GUEST FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, LOST MAIL OR PACKAGES, DELAYS IN MAIL OR PACKAGE RECEIPT OR FORWARDING, PERSONAL INJURY, ILLNESS OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM: THE GUEST’S USE OF THE SPACE, CONSUMPTION OF FOODS, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE HOST SITES OR MARKETPLACE SERVICE, OR GUEST’S OR GUESTS’ VISITORS USE OF THE SPACE, EVEN IF THE HOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOST'S LIABILITY TO GUEST OR ANY PARTY CLAIMING THROUGH GUEST, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID FOR THE SPACE, IN THE 1 MONTH PRIOR TO THE INITIAL ACTION GIVING RISE TO ‘LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
The Host may by notice suspend the provision of services (including access to the Space) for any reason and at any time. This Agreement shall automatically terminate if the Space is rendered unusable as a result of a fire, other casualty or a condemnation. As between Host and Guest, all proceeds of any condemnation or other award shall belong to Host and all insurance proceeds of Host shall be retained by and belong to Host, no matter the reason and whether services are, or are not, suspended.
You may not sublicense, assign, transfer any interest in this Agreement or allow any third party to use any portion of the Space, the Shared Facilities or the Common Areas without Host's prior consent.
YOU ACKNOWLEDGE THAT THIS AGREEMENT IS NOT A LEASE OR ANY OTHER INTEREST IN REAL PROPERTY. IT IS A CONTRACTUAL ARRANGEMENT THAT CREATES A REVOCABLE LICENSE. The parties do not intend to create a lease or any other interest in real property for the benefit of Guest through this Agreement. The Host retains legal possession and control of the Space assigned to Guest. The Host’s obligation to provide space and services to Guest is subject, in all respects, to the terms of the Host’s lease with the Host’s landlord, if applicable. This Agreement and the License granted hereunder shall terminate simultaneously with the termination of the Host’s master lease or the termination of the operation of the Host Area or Building(s) for any reason at no cost or penalty to Host. You do not have any rights under the Host’s lease with its landlord, if applicable. When this Agreement expires or is earlier terminated, Your License to occupy the Space shall automatically be revoked. You agree to remove Your personal property and leave the Space as of the date of such expiration or termination. The Host is not responsible for Your personal property left on the premises or in the Space after expiration or termination. If You fail to remove Your personal property, at the Host’s option, such personal property shall (A) be deemed conveyed to the Host and shall become the property of the Host, or (B) be removed from the Space by the Host at the Guest’s expense.
Unless documented in this Contract, You represent that You have dealt with no broker in connection with this Agreement. You agree to indemnify, defend and hold the Host harmless from any claims of any brokers claiming to have represented You in connection with this Agreement.
This Agreement and any Addendums, applicable House Rules and Exhibits are subordinate to any underlying loan, lease, mortgage, deed of trust, ground lease or other lien now or subsequently arising upon the Space or the Building(s) and to renewals, modifications, refinancings, and extensions thereof including the Host’s lease with the Host’s landlord and to any other agreements to which the Host’s lease is subordinate.
If You fail to vacate the Space upon the expiration or termination of this Agreement, You shall be charged a daily fee equal to the greater of $2,500 or two times the Monthly Charge until You have fully vacated.
Your continued use of the Space does not extend the Term or grant additional rights, and We reserve the right to restrict access immediately or take any necessary action to recover possession of the Space.
Acceptance of Fees after termination does not constitute an extension of this Agreement, nor does it prevent Us from enforcing Your removal.
You are responsible for any damage You cause to the Space or any Host Personal Property beyond normal wear and tear. The Host has the right to inspect the condition of the Space from time to time and make any necessary repairs.
The Host shall not be liable for any loss, damage, or injury to the Guest or the Guest’s property, except to the extent caused by the Host’s gross negligence or willful misconduct. The Guest shall indemnify and hold harmless the Host from any claims arising from the Guest’s use of the Space.
You have the risk of damage, loss, theft or misappropriation with respect to any of Your personal property and liability to and for Your employees and Invitees. You agree, as a material part of the consideration to be rendered to the Host under this Agreement, to waive any right of recovery against the Host, its directors, officers, employees and its applicable landlord for any damage, loss, theft or misappropriation of Your property under Your control and any liability to and for Your employees and Invitees, including for injuries or illnesses to or of You or Your Invitees in or about the Space, and You agree to hold the Host exempt and harmless and defend the Host and its landlord, if applicable, from and against any damage and injury to any such person or to such property, to the extent arising from Your use of the Space or from Your failure to keep the premises in good condition and repair as provided in this Agreement, even if You do not provide a copy of Your insurance. During the Term of this Agreement, all property within Your Space—whether owned by You or the Host—is understood to be under Your exclusive care, custody, and control. You are responsible for maintaining all such property in good condition. Upon the expiration or termination of this Agreement and Your subsequent vacation of the Space, Your control over and responsibility for said property shall cease, and any property remaining shall be governed by the abandoned property provisions found under the No Lease heading.
The Guest acknowledges that during their use of the Space, they may have access to confidential information belonging to the Host or other occupants of the Building(s). Further, the Guest acknowledges that the Host or other Members or Guests may have access to confidential information belonging to Guest. The Guest agrees to keep all such information confidential and not to disclose it to any third party without the prior express written consent of a corporate officer of the party that owns such Confidential Information.
The parties agree that if there is a breach of this obligation by either party, the other shall have the right to request any remedy in law and/or equity including, but not limited to, appropriate injunctive relief or specific performance, as may be granted by a court of competent jurisdiction.
Notwithstanding the foregoing, Guest accepts all risk to its intellectual property interests used in the Space, neither Host nor its applicable landlord shall have any liability arising from, Your disclosure (whether intentional or not) of any of Your Confidential Information to any third parties present in or around the Space or the Shared Facilities.
The confidentiality obligations of the Guest shall survive the termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Pima County in the City of Tucson and the State of Arizona.
In the event of non-payment, We retain the right to recover all outstanding Fees, Taxes, late fees, collection costs, and interest in accordance with applicable laws. Any disputes regarding unpaid amounts, including enforcement of penalties, will be resolved through mediation or arbitration.
If either party institutes a suit against the other for violation of or to enforce this Agreement, the prevailing party shall be entitled to all of its costs and expenses, including, without limitation, reasonable attorneys' fees. Host and Guest hereby waive any right to trial by jury in any proceeding based upon a breach of this Agreement to the fullest extent permitted by applicable law.
Any disputes arising out of or in connection with this Agreement shall be resolved through mediation. If mediation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
All demands, approvals, consents, and notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when delivered in person, sent by email, or sent by certified mail to the respective parties at the addresses set forth above.
This Agreement may only be modified, amended, or terminated by a written agreement signed by both the Host and the Guest, except as expressly provided in this Agreement or by written instrument executed by the parties.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
This Agreement shall be interpreted fairly and without bias, regardless of which party contributed or drafted any and all parts.
Neither Host nor Guest shall have the right to record this License or any memorandum thereof.
No waiver of any term or condition of this Agreement shall be deemed a continuing waiver or a waiver of any other term or condition.
Neither party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions ("Force Majeure Event").
The affected party shall promptly provide written notice to the other party of the occurrence of a Force Majeure Event and its impact on the performance of their obligations.
The obligations of the affected party shall be suspended for the duration of the Force Majeure Event, and the time for performance shall be extended by a period equivalent to the duration of the Force Majeure Event.
Notwithstanding the foregoing, the obligation to pay Monthly Charges, Taxes, or any other Fees due under this Agreement shall be suspended for the duration of the Force Majeure Event, provided that the Space is rendered unusable and access is restricted, as is determined by the Host, local authorities, or other official sources. If access remains available, whether used or not, payment obligations continue as outlined in this agreement.
The Guest shall not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of the Host.
Guests may not sell, assign, share, or transfer their Space, suite, or Membership to any third party without prior written approval from the Host. The Space is licensed solely for the Guest’s use and may not be occupied or resold to others, whether permanently or temporarily. Any unauthorized usage may result in immediate termination of this Agreement and removal of access.
The Host may assign or transfer their rights and obligations under this Agreement to any successor or purchaser of the Building at 6700 E Speedway, the Spaces, or the Businesses held under Host without the consent of the Guest.
Notice: Payment methods are saved in Our systems and may be used to pay any invoice.
The Deposits, solely determined by the Host, is paid once at the start of the initial Term and held as security for the Guest’s obligations under this agreement. This or any then-applicable, replenished Deposits remains with the Host until termination.
The Guest may pay the following (specified in the Fees section above):
In each case solely at the discretion of the Host, the deposit may be used to cover:
The remaining balance of refundable Deposits will be returned within 30 days after termination, provided all obligations under this Agreement have been met by Guest.
The Host may offer additional services to the Guest, such as conference room bookings, printing services, and event hosting, subject to availability and additional Fees.
The Guest agrees to comply with the terms and conditions applicable to any additional services provided by the Host.
The Guest shall pay the applicable Fees for any optional services used, as specified by the Host.
Any booked time will be charged at the time of booking. Customers will be charged for any time used.
Booking Cancellations: Cancellations will only be provided Spoke account credits unless listed as follows, and not if originally paid with Spoke account credits:
The request time will be determined based on the time at which Spoke’s software, phone application, or email receives and documents the request.
Full Refund Eligibility: You can cancel the contract within one day of signing the agreement or at least 30 days before the start date to receive a full refund of the initial payment.
If You cancel more than one day after signing the agreement but less than 30 days before the Start Date, You will receive a 50% refund of the paid Initial Payment. You will not be obligated to pay the remaining Fees for the Minimum Term provided. Once the Start Date has passed, any cancellation is subject to the specific notice periods and terms outlined below. outlined below.
If You cancel after the Start Date but before the end of the Minimum Term:
Written notice of non-renewal or cancellation is required based on Your plan:
If You renew: Your Refundable deposit will roll over to the next contract Term. If You cancel: Your Refundable deposit will be returned to You upon cancellation and within thirty days of Your cancellation date.
Before Start Time: If eligible, Bookings (no matter the payment method) will only have credits returned. This will be either Your monthly credits or money credits. Monthly credits must be used within the same month. Money credits do not expire.
No refunds or credits.
Cancellations will only be provided account credits if canceled as follows:
Spoke Coworking uses an online booking calendar and exterior or door cameras to confirm customer check-ins and check-outs.
In case of a dispute, customers agree that the booking calendar and door camera footage are sufficient evidence of check-ins and check-outs. Customers will not contest any charges or invoices based on this evidence.
If a customer cancels a booking via call, text, or email, the time when Spoke’s phone or email receives the message will be considered the official request time.
If Spoke Coworking fails to provide services in a timely manner, as determined solely by Spoke, the customer can cancel services without penalty and may receive a full refund of any amounts paid.
Any requested building, maintenance, or repair work will be done at Spoke’s discretion. Failure to provide such services will not make Spoke liable to the customer, constitute a constructive eviction, or entitle the customer to a refund or fee reduction of any kind.
Mail and packages may not be delivered to You at the Space or Building(s) unless permitted by the Contract, House Rules, and Mail Handling. The postal services may be subject to additional federal, state, and local requirements, including and not limited to further paperwork and proof of identification.
NOTE: By providing a mobile telephone number or e-mail address above, Guest (identified above) consents that Spoke Coworking may send Customer text or e-mail messages relating to Customer’s use of Mailbox. Customer’s mobile carrier may assess charges to Customer as a result of such text or e-mail messages. (Message and data rates may apply.)
While You are at Spoke Coworking, You may wish to have mail and packages delivered. By using the Spoke Coworking street address for mail or deliveries of any kind, You agree to the following.
We may revise these Terms and this Agreement at any time. It is Your responsibility to review any changes. If You do not accept these terms, You may not use Our address.
We provide complimentary access to our address for Spoke Residents or at an additional cost and only for local business entities.
A business that also wants to utilize the address for Google My Business (Google Business Profile) understands that only Spoke Coworking can and will verify any address listings for the customer. Customers wanting to use Our address for Google Business Profile must have either Resident or Virtual Mail + Membership status. In addition to maintaining either Resident or Virtual Mail + Membership status, the use of Google Business Profile must be clearly notated on the contract. You will ensure that You are utilizing the specifically provided suite number. You will abide by these and Google’s Business Profile’s rules and regulations at all times. You will hold harmless and indemnify Spoke Coworking from any and all issues or proceedings resulting from Your use of Our address with Your Google Business Profile listing.
In accordance with USPS and Federal Law You must complete and Spoke Coworking must obtain a Form 1583 from each individual receiving mail at Our address, including providing two forms of valid identification, one of which shall include a photograph. (For businesses with multiple named people, a separate form will be needed per person). Customer further agrees and must complete a revised version of this Agreement and Form 1583 whenever any information changes.
All agreements, documentation and copies will be kept confidential and may be disclosed upon written request to any law enforcement or other governmental agency, and when otherwise legally mandated.
You agree that You will not use Spoke Coworking for any unlawful, illegitimate, or fraudulent purpose, or for any purpose prohibited by US postal regulations. You further agree to any applicable, federal, state, or local laws. Accessing or using (or attempting to access or use) the Spoke Coworking address in any way that violates any applicable law or regulation or that could harm Us or any third party or interfere with deliveries to others is prohibited. Among other items, for example, You may not:
Additionally, in the event You receive an unreasonable volume of mail, or packages, according solely to Our reasonable judgment, We may require You to upgrade Your plan and/or pay an additional charge or We may cancel Your plan at anytime. We further reserve the right to increase prices and Fees in the event You add additional individuals or entities to those authorized to receive mail and packages pursuant to Form 1583.
Breaching “Prohibited Uses” may result in civil or criminal liability. We may report such breaches to relevant law enforcement authorities and We will cooperate with authorities to prosecute users who violate these terms. We further have the right, but not the obligation, to suspend or terminate Your access and use of Our address and any other services We may provide You, including office access.
Access to Our address is at Our discretion. Your access may be blocked, suspended, or terminated at any time and for any reason, including violation of these terms, disruption of access to others, or to otherwise protect us, Our customers, vendors, or other third parties.
As Your authorized agent for receipt of mail, Spoke will accept all mail, including registered, insured, and certified items, and if authorized on Form 1583, restricted mail (i.e. mail where the sender has paid a fee to direct delivery only to an individual addressee or authorized agent). For any deliveries requesting signature: unless prior arrangements have been made, We shall only be obligated to accept these deliveries made by commercial carrier services requiring a signature as a condition of delivery (and not private deliveries). If needed, You must also accept and sign for any mail/packages upon request from Spoke.
At no time will You receive a shared mail key. Instead, Spoke Coworking will collect and distribute Your mail, either in Your dedicated internal mailbox, or in Your Suite. If Your dedicated mailbox is located in a shared space, it will only be available when that location is available. If the area is being used privately, You are not permitted to enter, not even just to collect Your mail.
You must use the provided Suite number as Your exact mailing address without modification and as set forth in Section three of USPS Form 1583. Note: The United States Postal Service will return mail without a proper address to the sender endorsed as
“Undeliverable as Addressed.” If You have a suite or dedicated desk, Your suite number will be part of Your mailing address (Ste. ###). If You have a mailbox, You will be assigned a Virtual Mailbox number as the Suite number part of Your mailing address. (Ste: ###). Failure to add the provided suite number may result in Your deliveries being returned to sender or refused upon arrival.
Mail or deliveries may be subject to unavailability, including reasons of emergencies, delivery service failures, vandalism, theft, or inability to deliver for any reason. Any and all delivery service providers have the right to not deliver if no one is available to sign for or accept deliveries on Your behalf. In cases where the business is closed over a long period of time, mail deliveries could be put on a hold through the USPS. During this time You may choose to collect Your mail from the postal office located on Pantano.
Host cannot and will not be liable for any packages that are not delivered for any reason, nor for any interruptions in delivery. You are solely responsible for Your deliveries.
Outgoing mail can be placed in the outgoing box at the front desk. If placed after mail pickup, it will be locked up until the next business day. We are not liable for any mail taken from this box by anyone. So, if You are concerned about mailing, You may prefer to drop items at a local drop-off location. Additionally, We will not monitor, be in charge of outgoing, or send mail/packages for You at any time. If You have packages too large for standard mail carrier pickup, You will be required to make other sending arrangements.
We will hold all items securely for pickup. You can collect Your deliveries during business hours, or anytime if We have placed them in Your office and You have 24/7 Building access and a private suite. If You require mail forwarding, You will be charged at least $5 per item in addition to any postage fees. We will not at any time forward, or be liable for forwarding any mail without charge, nor in any specific or guaranteed time or manner.
IMPORTANT: You may be required to present a valid government-issued photo identification upon pick up. You will pay any amounts due or late fees prior to pick up. Spoke Coworking will hold reasonable amounts of Your deliveries until pickup, or for 30 days, whichever comes first. However, all items, especially large items, not picked up within a week may be subject to a storage fee of up to $25.00/day. If not picked up within 30 days, Spoke may, at our discretion, forward any and all mail and packages to the address above and charge Your card on file for any fees or costs associated with the same.
The Guest shall provide the Host with accurate forwarding information. The Host can forward mail and packages to an address specified by the Guest for an additional fee. $5 per item in addition to any postage fees. We will not at any time forward, or be liable for forwarding any mail without charge, nor in any specific or guaranteed time or manner.
You acknowledge that utilizing Spoke Coworking mail/package delivery is not 100% secure. Any packages left up front (either incoming or outgoing) could be intercepted or taken by any person on the premises at any time. Nothing placed by You or any carrier therefore, should be considered private or protected. Subject to applicable law Spoke Coworking has the right to monitor, intercept and review, and disclose, without further notice, any packages to comply with lawful process, orders, warrants, or subpoenas, or to protect Our rights, property, vendors, and customers.
The Host shall not be responsible for any loss, damage, or delay in the receipt or forwarding of mail and packages. The Guest shall indemnify and hold harmless the Host from any claims arising from the mail handling services.
The Term of the Mail Handling portion of this Agreement shall be the initial period paid for by You and any renewal period/s paid by You. Renewal is based solely on these payments and shall be at Our discretion. Ceasing payment shall be considered immediate termination.
You agree that We may terminate or cancel this Agreement for good cause including Your, or any person authorized by You for: abandonment, or breach of prohibited uses, and/or non-payment, as well as unreasonable volume of mail or packages, offensive, abusive, or disruptive behavior towards other customers or employees, or violation of any provision of this Agreement.
Upon cancellation or termination of this Agreement, You will not file a change of address order with the Post Office. You further agree that upon expiration, cancellation, or termination You authorize Spoke to accept and destroy any “unsolicited mail” (e.g. mail addressed to “occupant” or similarly; or coupons, and other promotional material). Any other mail will be forwarded or held for up to 6 months. After 6 months, Spoke will, at Our discretion, refuse mail, destroy mail, or mark and send mail back as RTS (Return To Sender) via the Carrier that provided the shipping/delivery of the items. Upon termination, the Guest shall provide a forwarding address for any remaining mail and further understands that forwarding could incur additional charges.
If You would like Us to act as Your Statutory Agent (in Arizona only) this will be notated in the Notes field above. It is then Your sole responsibility to utilize Arizona Corporations Commission (azcc.gov) to create the automated Statutory Agent request to appoint Us as same. It generally takes up to 3 business days for this process to be complete.
Upon Our online acceptance of appointment, You may be required to complete and/or provide the correctly completed Statutory Acceptance Form M002 (utilizing the entity name herein), collect a signature from an authorized agent of Ours, pay any filing fees, and submit everything required to the Arizona Corporation Commission (AZCC).
Our role as Statutory Agent is strictly limited to the receipt and forwarding of legal documents, as defined by applicable Arizona law. We do not provide legal advice or ensure compliance with filing deadlines, reporting requirements, or other obligation imposed by the AZCC or any other authority.
We aim to forward or notify You of receipt of Service of Process documents (SOPs) within 1-2 business days of receipt; however, this timeframe is not guaranteed and may be affected by factors beyond Our control.
If at any time You are non-responsive to outreach by Us acting in this capacity, We reserve the right to resign as Your Statutory Agent. Should resignation be required for this reason, any associated fees will be Your responsibility.
It is Your sole and exclusive responsibility to keep the AZCC up to date with your business address and Statutory Agent. Please note that successful mail forwarding is entirely dependent on the accuracy of the address provided. If this information is incomplete or outdated, we may be unable to fulfill our responsibilities as Statutory Agent. We cannot and will not be held liable for inability to perform duties, or inability to forward mail or Service of Process documents (SOPs) to you when the information on file is not correct. Finally, any fees incurred from misdirected legal documents or delays due to incorrect information will be Your sole responsibility.
This is a courtesy only to Members of one or more plans and could incur additional charges if, in Our sole determination and discretion, acting in this capacity is burdensome.
By requesting Us to serve in this capacity, You acknowledge and accept these limitations and responsibilities in full.
A valid credit card must be on file at all times. Any Monthly Charges, Fees, or amounts due will be automatically charged on their due dates. Storage fees may be automatically charged daily.
We are providing the address, mailbox, and delivery acceptance service on an “as is” and “as available” basis. To the extent permitted by law, We disclaim all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of Our delivery services, or the accuracy, speed, availability of these 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.
Guest waives any and all claims and rights against Us and Our affiliates, parents, and successors and each of Our employees, assignees, officers, agents and directors resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, to the maximum extent permitted by applicable law. None of the Spoke Coworking Parties will be liable to You under any cause of action, for any indirect, special incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. Guests will indemnify the Spoke Coworking Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from any breach of this Agreement by You.
By signing up and using Spoke Coworking, You are stating that You have read, understand, and agree to everything in this Contract and License, including the Exhibits. Additionally, by continued use and access of Spoke Coworking after any edits to this Contract, any Addendums, or Exhibits, You further renew that agreement on the date those edits become published or live. This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that electronic signatures shall be acceptable and binding.
| HOST | GUEST |
|---|---|
| Name: | Name: |
| Title: | Title: |
| Signature: | Signature: |
| Date: | Date: |
All of us at Spoke Coworking want to share in an amazing office experience and get along while doing it. We have therefore put these rules in place to ensure just that. Please be sure to read them and review them as they are updated.
By using Our space, You further agree to: (a.) Our Privacy Policy found at https://spokecoworkingtucson.com/privacy-policy (b.) that You are opting into Our Weekly Newsletter, Member Portal, and emails, (which You can unsubscribe from at any time) and (c.) Our Refund Policy found at https://spokecoworkingtucson.com/refund-policy.
Spoke Coworking is committed to doing everything We can to make sure that all Members and Guests experience:
The House Rules may be adjusted or amended at any time. Notice of changes will be provided via official channels, including the Member Portal, Weekly Newsletter, and/or to the registered email on file. Continued use of the Space after an amendment becomes effective constitutes acceptance of the updated House Rules.
While You are at Spoke Coworking, You may connect to Our network to, among other things, access the internet, (the “Connection”). The Connection is provided by Spoke Coworking, LLC or an agent or affiliate of same. By using or accessing the connection, You agree to these terms of service.
We may revise these terms at any time. You are deemed to accept the current terms each time You use or access the connection. It is Your responsibility to review any changes. If You do not accept these terms, You may not use the connection.
Your access to the connection is at Our discretion. Your access may be blocked, suspended, or terminated at any time and for any reason, including violation of these terms, disruption of access to other users or networks, or to otherwise protect Us, Our users, or other third parties.
The connection is available to Your device only when it is within wireless range of Our access points or in Your office or a conference room via a hardline. The connection may be subject to unavailability, including reasons of emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance or repair.
We are not responsible for any interruptions or performance issues with the connection, nor the underlying network(s), transmission equipment and systems. Network speed will vary based on Your device, configuration, location, compression, network congestion, and other factors. You are solely responsible for any devices, software, or other materials necessary for use of the connection.
You acknowledge that no data network or internet-based communication is 100% secure, such communications could be intercepted by hackers, equipment, and software, and no such communication should be considered private or protected.
Subject to applicable law and in accordance with Our Privacy Policy, We also have the right, but not the obligation, to monitor, intercept and review, and disclose, without further notice, any transmissions over or use of Our connection to comply with lawful process, orders, warrants, or subpoenas, or to protect Our rights, property and users.
Accessing or using (or attempting to access or use) the connection or taking any action online that violates any applicable law or regulation or that could harm Us or any third party or interfere with the operation of the data network to others is prohibited. Among other items, for example, You may not:
Breaching “Prohibited Uses” may result in civil or criminal liability. We may report such breaches to relevant law enforcement authorities and will cooperate with authorities to prosecute users who violate these terms. We have the right, but not the obligation, to suspend or terminate Your access and use of the connection and any other services We may provide You, including office access, and the right to block or remove any communications or materials transmitted through the connection.
We are providing the connection on an “as is” and “as available” basis. To the extent permitted by law, We disclaim all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of Our services, or any other materials on or accessed via Our services, or the accuracy, speed, availability or uptime of the services, network, or data, 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.
You waive any and all claims and rights against Us and Our affiliates, parents, and successors and each of Our employees, assignees, officers, agents and directors resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, to the maximum extent permitted by applicable law. None of the Spoke Coworking Parties will be liable to You under any cause of action, for any indirect, special incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You will indemnify the Spoke Coworking Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from any breach of this agreement by You.