TERMS AND CONDITIONS
Who We Are.
dots, known in these terms and conditions as “we,” “our” or “us,” create online and physical communities for creators. Dots is a dba of Bradley Simmons Realty LLC and will herein be referred to as dots or dots SPACE.
Who You Are.
You agree to the following terms and conditions by using the space or services.
By agreeing to these terms of service you are entering into an agreement that describes your rights and obligations in connection with your receipt and use of the services provided through the dots program, comprising services provided through our website—www.dotsspace.com—and our mobile applications (known as our “online services”) and access to and use of certain space in certain dots locations. Please read these terms carefully, as they affect your legal rights. Among other things, these terms include your agreement with us to arbitrate certain claims instead of going to court and not participate in class action claims. If you have any questions about these terms, please contact firstname.lastname@example.org. For example, a membership for a private office with a term is considered a binding lease agreement, and is not subject to a month-to-month membership contract. If there is any confusion, please email email@example.com prior to signing up. By using our services, you are agreeing to abide by and be bound by these terms of service. Some features of our services may be subject to additional guidelines, terms, or rules, which will be posted with those features or otherwise communicated to you. By continuing to use dots services after our terms have been updated, you automatically agree to these updated terms and conditions. You can check them at any time in your portal, or by contacting firstname.lastname@example.org to send you the latest version.
Terms of Service
For the avoidance of doubt, references to “services” in these terms apply solely to access to and use of our locations and the online services we directly provide. “Services” do not include, and we are not involved in or liable for, the provision of services by third parties which you may elect to purchase in connection with your dots membership, such as group health insurance, gym memberships, or payroll services. All such third-party services are provided solely by the applicable third party pursuant to an agreement between you and the third party. You agree that our making available access to or discounts for these third-party services does not constitute the provision of such third-party services by us, and you will look solely to the applicable third party for provision of the applicable third-party services and for compensation for any claims, damages, liabilities or losses you may incur in connection therewith. The availability and scope of the services, as well as the availability and scope of benefits we offer in relation to third-party services, are subject to change from time to time at our discretion. Without limiting the generality of the foregoing, you acknowledge that our locations are subject to change from time to time. Please contact us when you use our services and how that information is used. How we might change these terms. We may make modifications, deletions, or additions to these terms from time to time. Such changes will be effective immediately.
Terms of License & Security
Our online services are available to members who are above the age of 18. Our services in our locations are available to members and guests who are above the age of 21. Kindly be certain you qualify. You agree to provide us with accurate and complete information about yourself when you register with us and as you use our services. You also agree to keep your information up to date. Don’t reveal your account password or transfer your access control devices to anyone else (or let them use your account). You are responsible for maintaining the confidentiality of your password and the security of your location access device. You should promptly notify us if you suspect your password or location access device has been compromised.
Cancellations must be requested in writing by email or letter and must be specifically stated and clear. dots SPACE does not accept ambiguous statements such as “as I would like to suspend”, “change due to travel” and etc. as a proper cancellation. Please note that the contract term supersedes any cancellation term mentioned elsewhere. Dots SPACE also reserves the right to cancel any membership for any reason without notice. At any point, dots SPACE reserves the right to move members around for a similar membership i.e. dots SPACE reserves the right to move members of a dedicated desk to another dedicated desk or a private office to another similar private office. Any membership given a discounted rate requires a minimum 12-month minimum commitment. If a member with a contract term gets written consent to pause their account, the length of time paused will be added to their contract period. Dots offers different rates at different contract lengths, from mailboxes to office suites. Should you be unable to locate discussions or separate contracts regarding terms, there is a standard 1-year agreement on all offices and virtual mailboxes, and a 2-year agreement if there is a discount. There will be no exceptions and no prorating. The cancellation period for a membership and/or contract that has always been month-to-month is 30 days, excluding the current month (the month in which the cancellation request was made, in writing). Memberships and/or Contracts that have finished a 6 month term require a 60 day notice, excluding the current month, and Memberships and/or Contracts that have finished a 1 year term require a 90-day notice, excluding the current month. The month following the contract, the rate will increase to market value, unless a new term is negotiated within the first month following the contract term.
For example, if your signup date is the 1st of January, and you agreed to a 6 month term, and you decide in July that you would like to cancel, you are responsible for August and September, completely, and your account shall be terminated on the 30th of September. You can request cancellation prior to contract end per the notice periods in the previous paragraph, but the earliest date of cancellation will be the term end. Your final bill shall be charged on your date of notice of cancellation.
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these terms, we may, at our sole discretion and possibly without prior notice to you, restrict your access to your account and our services and/or terminate your account, and you will still be required to pay your membership or lease dues per your agreement until the end of the term. Reasons we may choose to do so are included but not limited to the following: Sleeping through the night at the office. Complaints from other coworkers. General cleanliness. Sexual relations in the space, using/taking something that is not yours, whether it’s another coworker’s or dots’. In addition, we may decline to renew your subscription at the end of your subscription period for any reason or for no reason. You may not assign, sublet, license, or otherwise permit any other person or entity to use or occupy the Licensed Space. Furthermore, we may at any time terminate your account in the event we elect to discontinue the dots program. You will still be required to pay your membership or lease dues per your agreement until the end of the term. Under no circumstance can this term be shortened without written prior consent by dots.
Management shall have the right to declare the Licensee in default if the Licensee violates any of the following rules and regulations:
A. Compromising of security locked doors or any other security features.
B. Entry into another Licensee’s office, or restricted areas, such as the server room, without the permission of Management.
C. Intentional damage to property, equipment, or furniture of the Dots SPACE or another Licensee.
D. Any misrepresentation to the Dots SPACE of the Licensee’s business intent or practice, or any illegal or illicit activity including smoking on the premises. (Please note smoking on site will result in immediate default of this agreement. The licensee will be asked to vacate within 24 hours, in addition, is responsible for 30 days of payment from the first of the following months.)
E. Any physical alterations to the offices and/or common areas without prior knowledge and written permission from Management.
F. Tenants and employees of offices with a balcony may not go out on the window onto the balcony. Access to the balcony is strictly prohibited due to building codes.
G. Tenant agrees to conduct business in a non-intrusive professional manner that does not disturb surrounding tenants in any way.
H. Regarding non-member individuals using the same building property, including but not limited to employees, partners, consultants, advisors, contractors, vendors, customers, and members, herein known as “resources”.
a. dots and its partners invest a considerable amount of time and money into researching, training, and operating resources for its community to thrive. dots relies on these “resources” for its success and growth. dots shares these insights, trade secrets, and knowledge with its resources in an inclusive manner in order to promote growth and creativity within its organizations. Any attempt to use these resources outside our organization, regardless of the form of compensation, without notification will result in damages, and we reserve the right to pursue in court. This clause is valid up to 36 months after the termination of your membership.
b. Furthermore, dots reserves the right to charge a 20% fee over all monies transferred to these resources for 18 months from the start of their work together. This fee shall be paid upfront for an estimate of all monies due over the next 18 months.
c. for example: should a member, or former member, make an attempt to hire a dots resources, which dots have trained, invested in, and shared its expertise with, that member shall owe dots 20% fee over all monies paid to that resource for the next 18 months, due up front, to be re-evaluated at the end of the term to include, but not limited to, any form of compensation such as bonuses, equity, and outstanding payments.
Linking to a company.
During the online registration process, you are asked to identify a company with whom your profile is associated. You agree that you will not falsely represent your association with any company, impersonate any third party, or otherwise submit any false or misleading information to us. In the event your relationship with the company changes or is terminated, you agree to promptly update your profile to reflect this. Alternatively, your individual account may have been created by an authorized representative of your employer. If you are an authorized representative, you hereby represent to us that you have the proper authority to create and terminate the company account and add and remove individual members to and from the account.
By signing up for an account and providing your payment information, you agree to pay us the recurring or nonrecurring fees as displayed to you at the time you create your account. All membership payments are due on the first business day of each term by check or credit card. Dots provides a 3-day grace period for non-payment. After that, dots reserves the right to charge 10% late fees and/or withhold services if payments are not received on time. After that, dots reserves the right to disable access to all of our spaces and services that dots provide. You acknowledge and agree that the payment instrument provided by you will be automatically charged the fees and any other amounts you and/or your guest may incur or be liable for (including for damages, theft, loss whether on-site or off-site, caused to any of our locations, property, including but not limited to gadgets, storage, inventory, personal property, apparel, bicycles, umbrellas, whether they are complementary or not) in connection with your dots memberships or amenities. Your use of the services may be immediately suspended if we are unable to charge such payment instruments for any reason. Recurring fees shall be charged on each applicable anniversary (e.g., monthly, quarterly, etc.) The month following your signup month shall be prorated to allow the anniversary date to be the 1st of the following month. The fees applicable to your account may be subject to modification from time to time pursuant to notice provided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. Your continued use of the services following such notice and through the payment date constitutes your agreement to such modified fees. All fees must be paid in U.S. dollars and are nonrefundable, except that prepaid fees shall be refunded on a prorated basis solely in the event that we discontinue the dots program prior to the end of your prepaid subscription period. No refunds will be granted for cancellations, membership changes, or space closings that are outside of dots SPACE’s control. Any missed or failed payment of any membership, including but not limited to memberships, offices, virtual leases, wellness classes, or conference rooms gives dots the right to cancel those memberships and terminate the services associated with them. dots SPACE is not liable or accountable for providing the services in case of missed payments, failed payments, late payments or any breach of contract. Should the member have a lease contract in place, or a commitment in place at the time of cancellation, said member will still be required to pay the membership or lease dues per this or your specific agreement until the end of the term.
I authorize dots Space to charge the method payment agreed upon when signing the contract. You can pay via cheque, bank transfer, or credit card. If you choose to pay via a check or a bank transfer, you may do so. However, we require a credit card on file for incidentals. Any amount over $100 is subject to a 2.9% processing fee at our discretion. In case of default payment, obligatory mediation in California at the cost of the member.
You shall pay and the Dots SPACE must receive the License Fee; along with payment for all add-on charges and services, if applicable, on the first day of each month.
You can post stuff on our online services. As a member, you can post and share content and other stuff on our online services with others. You are responsible for the things you post and the content you share through our online services, including its legality, reliability, and appropriateness. You may not post or submit anything that your mother would not approve of.
We can use the stuff you post on our online services. By posting your content on our online services, you give us the right and license to use, store, reproduce, modify, create derivative works of, publish, distribute, transmit, and display that content through our online services. You agree that we can also make that content available to other users of our online services, who may view and/or use your content, subject to these terms.
Removing the stuff you post.
You can remove the things you post at any time (if you remove your post all of the subsequent comments to that post will also be deleted). Your posts will otherwise remain on our online services, even if your account ends. If you remove a post, it will not be visible to other users via our online services, but others may still be able to access and share those posts if they have been viewed and/or are retained by them on their devices. Even if you remove a post from our online services, a copy will be retained by us and is subject to our data retention policy.
Things your mother would disapprove of.
You may not use the services in a manner that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual; bullies, defames, harasses or advocates stalking of, or the intimidation another person; involves pornographic or obscene materials; is harmful, abusive, threatening, offensive, defamatory or libelous; invades the privacy or discloses the private information of anyone; violates someone’s right of publicity; impersonates others or in a manner intended to or does mislead or confuse; is used for unlawful purposes or for promotion of dangerous and illegal activities; involves spamming or the sending of mass solicitations; implies that any statements you make are endorsed by us; is false, deceptive or misleading, or misrepresents or deceives others as to the source, accuracy, integrity or completeness; infringes any intellectual property or proprietary rights of others; transmits any restricted, confidential or proprietary information of others; or transmits content prohibited under any law, rule or court order, or prohibited as a result of any employment, contractual or other legal obligation or relationship. We may remove your posts. We have no obligation to prescreen or monitor any posts and we cannot guarantee that any content in the things users posts will be accurate or in compliance with these terms of service. We may at any time and for any reason edit, delete or remove any posts or any information transmitted by you that we believe (in our judgment) violates these terms of service.
Use, not abuse. On the condition that you comply with these terms of service, you have the right
to access and use the content and information that is available on our online services. You may not access our services through scraping, spidering, crawling or other technology or software used to access data. You may not download, reproduce, publish, transmit, distribute, modify, create derivative works of, or otherwise exploit any of our content on the online services, nor other users’ content (unless you have the user’s written permission).
Inflict no digital harm.
When using our online services, you agree not to: restrict or interfere with any user’s use of our services; collect email addresses or other contact information of users without their prior consent for the purposes of sending spam or send spam, chain letters or other similar communications to other users; reverse engineer, decompile, disassemble “frame” or “mirror” any portion of our services; use any robot, spider, site search/retrieval application, or other manual process or automatic device or extraction tool in order to access, monitor, copy, use, download, index, scrape, data mine, interact, overload or in any way reproduce or circumvent the navigational structure or presentation of our services; upload or transmit any submission that contains or embodies a software virus, worm, cancelbot, Trojan horse or other harmful, contaminating or destructive feature, computer code, file or program or otherwise violates the restrictions on such submissions set forth in the terms of service; or violate any law, rule, regulation or order of any court.
We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your content from our online services (or modifying it), suspending or terminating your account, and/or reporting you to law enforcement authorities, if your content or conduct violates these terms of service. We may access and disclose any information or content about you or that you have posted where we feel necessary or appropriate to cooperate with governmental requests, subpoenas, and court orders, and to protect the safety or rights of any person.
We reserve the right to retain or take possession of an office and everything inside of them, including, but not limited to computers, laptops, printers, and everything else in the office until the invoice has been paid.
Copyrights and Wrongs
Our rights of ownership. We and our dots SPACEs own our online services, including the software and underlying technology that makes it available. All of these are protected by copyright and other intellectual property laws in the United States and internationally. By being a member of dots SPACE or hosting an event at dots, you agree to let dots use your brand logo in online and published materials including but not limited to, our events brochure, website, and social media. By accessing or using our online services, you do not acquire any ownership rights in or to any of our intellectual property. Unless we expressly grant rights to you in these terms of service, we retain all rights in our online services and software.
Our copyright policy
It is our policy to remove or disable access to any content that infringes any copyright on our online services after we have been notified by the copyright owner (or their legal agent). If you believe any content on our services infringes your copyright, you may request removal of those materials from our services by providing us with the following information:
Identification of the copyrighted work that you claim has been infringed.
Identification of the content that you believe to be infringing and its location on our services. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the content.
Your name, address, telephone number, and email address.
A written statement from you that you have a good faith belief that the use of the content is not authorized by the copyright holder, its agent, or the law.
A written statement from you that the information that you have supplied is accurate and that, under penalty of perjury, you are either the copyright owner or are authorized to act on the copyright owner’s behalf with respect to the applicable content.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Notice of claims should be sent to email@example.com
or Attn: General Counsel, dots, 113 N San Vicente Blvd Beverly Hills CA, 90211.
Advertisements, Endorsements, and Testimonials
Advertisements. Our online services may include advertisements, which may be targeted to certain content or information available on our online services, to your interactions or your use of our online services, or to other information. The types and extent of advertising on our online services are subject to change. In consideration of us granting you access to and use of our online services, you agree that we and our third-party providers and partners may place such advertising on our online services.
Endorsements and Testimonials
From time to time, we may also publish on our online services testimonials by users, related to their experiences with our online services. These testimonials are their “subjective opinions” and they represent individual results. We neither verify them nor claim that they are typical results that others will generally achieve. None of these testimonials have been scripted by us or, to our knowledge, third parties. We publish these testimonials verbatim, except for the correction of grammatical or typographical errors. Also, we may shorten some testimonials if they appear lengthy or not entirely relevant for a general audience. Names, locations, dates, and other information may have been changed or are subject to change to protect the privacy of users.
All other testimonials and endorsements of any type, format or nature that users post are not verified by us. You should be cautious when relying on them and you should assume the results described therein are not typical.
Using our Locations
Offices, Conference Rooms, Workspaces & Communal Spaces. Subject to availability, you will be entitled to use up to a certain amount of credits per month for workspace or conference rooms in certain of our locations during such location’s regular business hours on such location’s regular business days. These credits may not be rolled over from month to month. The use of our workspaces and conference rooms in excess of such a number of credits is subject to overage fees. You can review the current schedule outlining credit usage and overage fees in your membership section. This schedule is subject to change from time to time. dots SPACE shall have sole discretion to set and periodically change policy regarding conference rooms and other common rooms in order to ensure a fair, balanced, and productive environment for all. dots SPACE shall have the right to modify the number of hours assigned to You and to modify the method of dividing conference room time amongst members.
The above mentioned spaces are set up for a certain amount of workstations and devices. For example, an office priced for 2 people can only have items for those 2 people. For example : 2 desks, 2 desktop or laptop devices, 2 lamps, etc…
If a conference room for 4 people has been booked, you cannot be more than 4 in the room, etc…
If more devices are needed, or extra rooms are needed, to house more devices, or house more people, rates start at $75/mo depending on the device.
dots SPACE is available for our members to use; however, you may bring guests for meetings. Any non-member guests that want to use the space are welcome to do so after managements’ approval and after paying for a day pass of $25, valid on business days, Monday to Friday, 9 AM to 5 PM. Please note that guests and visitors are not allowed outside of our business hours and holidays. You agree that you and your visitors will be held accountable for any issues or complaints or accidents and you agree not to hold dots SPACE, its employees, members, tenants, landlords liable for anything that happens as a result of your failure to comply with our terms and conditions and code of conduct.
dots SPACE thrives to provide a clean working environment. Please make sure to clean up after yourselves and use designated trash areas found around the space. Also, please make sure to leave the bathrooms, kitchen, and general areas clean for the next members and guests.
Incoming & Outgoing Mail & Packages
Subject to availability, you may elect to receive mail and packages at one of our locations. If you have done so, we will accept mail and deliveries on your behalf during such a location’s regular business hours on such a location’s regular business days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages after you terminate your membership. Package and envelope shipping through dots is limited to fair use at the sole discretion of dots. To have a package mailed out, on behalf of a member, the package must be submitted by 12 pm, and dots have up to 2 business days to send the package. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise. As such, we have no obligation to accept bulk or oversized mail or packages.
Member & Non-Member Rentals and Bookings
All private offices, memberships, other memberships, one-time space rentals, including but not limited to, conference room bookings, events, and movie filming must provide their own liability insurance in case of any damage or claims made. All reservation payments are final. No refunds can be made, however, if a cancellation is made 30 days prior to the event, a credit will stay on file.
Each location will have its own community guidelines governing the expected behavior in such a location, which you must comply with. These guidelines may be revised from time to time. In general, we expect that you will not perform any activity that is reasonably likely to be disruptive, damaging, or dangerous to other members, their guests, or the property of the foregoing, or to our employees or our locations or personal property. This includes things your mother would disapprove of, a list of which can be found above.
By choosing a co-working space as their main workspace, any company and/or member understands that they are responsible for the safety of their employees in all dots SPACE private & shared areas, and that we require that their coverage (insurance, labor, etc…) should include the entire dots property, whether or not they were considered to be “working” at the moment of an incident. dots SPACE is in no way responsible for injuries in the workplace, nor the actions of individuals. Per the US Department of Labor, posters may be directly handed out to fulfill the labor posting requirements. If your requirements differ, please contact us.
If you have questions about the guidelines for any of our locations, please send an email to firstname.lastname@example.org
For security purposes, we may regularly record via video certain areas of our locations. You may be required to present valid government-issued photo identification in order to gain access to our locations. You may unlock doors using your phone on our platform as long as you are a member and your account billing is up to date. If you have a private office or a file cabinet, it is your responsibility to lock the doors. We are not responsible for the theft. A key is given to you upon signup. If you have not received one, it is your responsibility to email the space manager in order to get one. Members that receive office and filing cabinet keys, or any other kind of key or code, are responsible for the return of the key. Members that do not return all office keys will be charged a $75 rekeying fee. Members that lose keys to drawers will be charged $25 per key.
Lost and Found
dots SPACE takes no responsibility for personal effects and possessions left on-premises. We do, however, maintain a lost and found and will hold recovered items up to 30 days.
We are not responsible for any property you may leave behind in one of our locations. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. dots SPACE is not responsible for any work done by tenants or members, and dots can’t be sued for any damage, liability for accidents that happen within the building for any reason. You are required to take care of your personal items, keep an eye on your items left in the space and take necessary precautions such as locking your office when you are away, keeping your belongings with you when you are away and keep your pet/dog/cat on a leash and under your supervision at ALL times in the space.
Regarding all spaces and amenities, any and all loss of property (including damages, theft, loss whether on-site or off-site, caused through any of our locations, property, including but not limited to gadgets, storage, inventory, personal property, apparel, bicycles, umbrellas, whether the space or amenity in connection are complementary or not), you agree that our making available amenities and spaces does not constitute the provision of such products and services by us, and you will look solely to your business liability insurance you are obligated to subscribe to as a dots member, for compensation for any claims, damages, liabilities or losses you may incur in connection therewith. The availability and scope of the spaces and amenities, as well as the availability and scope of benefits we offer in relation to amenities and space, are subject to change from time to time at our discretion. Without limiting the generality of the foregoing, you acknowledge that our locations are subject to change from time to time. Please contact us when you use our services and how that information is used.
If your private office has a window and/or a door leading to the exterior of the building, even if the exterior is still within the property, you are responsible for locking those doors and/or windows. Should these points of entry be used in an incident which has caused damage and/or loss, you shall be held liable, including deductible amounts.
This applies to open windows or doors leading to the exterior during the booking of a conference room, outdoor space, or other types of space. This applies to all members and visitors and/or guests of our members fall under the liability of the member, whether or not that guest and/or visitor was expected and/or invited to the space.
Regarding being the last to leave, all members are required to check if other members are in the space while exiting the space, and if they are the last ones, are responsible for closing and making sure all perimeter doors and windows are locked or said member will be held responsible in the same way as private office members regarding their windows and/or doors leading to outside the building, (even if outside is still considered to be inside the property).
dots SPACE is not liable for any theft or any damage done to your property or your pet or any damage or accident that is caused to dots property, members, or visitors or guests by you or your pet.
Please clean after your pet. You agree that if your pet poops, pees, or damages any furnishing at dots SPACE, a fee will apply to your next bill, $25 per incident, or dry cleaning fee, whichever is higher.
You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our locations, furniture, and/or items therein caused by you or your guests.
When accessing the space outside of operating hours, if alarms are set off because of the lack of following procedure, (opening doors that you do not have access to) you may be held liable for the charges from the City of Beverly Hills, Los Angeles, or Culver City, whichever
You may not make any changes, alterations, or improvements to the Licensed Space, the Leased Premises, or the Building.
You may not move or replace any furniture fixture without the written consent of dots SPACE management.
You agree that you are liable for any damage, theft, or loss resulting from negligence due by you, your guests, invitees, and/or office members to dots SPACE, its members, guests, landlord, and/or invitees.
If you have a private space or leave a door open, you are liable even as a member for leaving a door open and such activity deems them liable.
dots SPACE takes no responsibility for personal effects and possessions left in the car, bicycle, scooter, or any means of transportation.
We cannot guarantee that members of the general public will not enter our parking and cause damage to property and/or engage in criminal activity. Accordingly, you park your vehicle in the parking lot at your own risk. We cannot and do not guarantee the security of your vehicle and/or its contents. dots SPACE tries to provide affordable and convenient parking for its members. However, you agree not to hold dots SPACE accountable should the parking become unavailable for any reason. You agree that canceling your membership because of parking unavailability is not a valid reason.
All the food, consumables, and/or liquids offered to members at dots SPACE is as part of our amenities, and dots SPACE is not responsible for any issues or problems resulting from it. dots SPACE takes no responsibility for any illness and/or injury that might result from food and/or beverages that are provided. dots SPACE is not responsible for any sickness that might result and that includes but not limited to medical bills, lost income, out-of-pocket expenses, pain and suffering, and/or emotional distress. Please consume at your own risk.
dots SPACE takes no responsibility for any illness and/or injury that might result from the presence of pets or other animals in the space. dots SPACE is not responsible for any sickness that might result and that includes but not limited to medical bills, lost income, out-of-pocket expenses, pain and suffering, and/or emotional distress.
You acknowledge that the Licensed Space is designed to provide standard office use electrical facilities and standard office lighting. You shall not use any equipment or devices that utilize excessive electrical energy or which may, in the opinion of dots SPACE or its Landlord, overload the wiring or interfere with electrical services to other occupants of the Leased Premises or the Building or violate any law, ordinance or rule or regulation of any utility company or governmental agency or authority. You acknowledge that electrical power fluctuates during normal usage and agrees that it shall supply its own surge protectors and any other necessary equipment for the protection of its equipment against spikes or dips in electrical power. dots SPACE shall not be responsible for any damage to equipment suffered as a result of normal or abnormal electrical conditions.
You acknowledge that due to the imperfect nature of verbal, written, and electronic communications, as well as service rendered by Utilities such as electric, phone, and internet companies. You shall hold dots SPACE harmless from any failures or malfunctions relating to these factors, nor will You pursue any claims against dots SPACE to recover damages as a result of service interruptions. You also accept that once this agreement is signed and executed, it will hold harmless the individual agent(s) or parties that were involved in the referral, negotiation, and contracting of the dots SPACE’s space to be occupied as part of this agreement in the event that it is engaged in any issues, legal or otherwise with the Dots SPACE.
If you or a member of your office is using any device other than a consumer laptop, phone, or tablet, and each additional device uses more power than standard devices, such as but not limited to a servers, professional lights, heating, and cooling sources, rendering, and data mining machines are subject to an additional rate starting at an additional $75 per month per device, depending on the amount of power used.
You may not install or use any telecommunications, other than the one provided by the dots SPACE, without prior knowledge and written consent from Management or be considered in default. All components of the phone system software or hardware provided by dots SPACE and used by You will remain at all times the property of the dots SPACE.
You may not install or use any internet provider, except for the one provided by dots SPACE, without prior knowledge and written consent from Management, or be considered in default. All components of the DSL software or hardware provided by the dots SPACE and used by You will remain at all times the property of the dots SPACE.
You may not use or install any type of server or VPN without prior knowledge and written approval from Management or you will be considered in default.
Dots SPACE grants You a license to use Licensed Space and Licensed Services solely for general office use in the conduct of Your Business Activities together with (i) the desk(s) and file cabinet(s) located therein, and (ii) the right to use in common with others the common areas including hallways, conference room(s) and the reception area. Phone booths, brainstorm rooms, and meeting rooms are also available for usage for members. While there is no credit system in place for some common spaces, please make sure to use them fairly (30 to 60 minutes increments) in order to allow enough time for our members to conduct their meetings and calls.
Common spaces in our locations are to be accessed by you and your authorized guests in the time immediately prior to and following your reserved time in the location. They are for temporary use and not as a place for continuous, everyday work. dots SPACE reserves the right to expel you or any guests from our spaces that dots SPACE deems in violation of our terms and conditions and use of our spaces.
Use of the dots Name; Photos of the Locations; Other Members’ Property
You may not use the name dots or use pictures or illustrations of our locations in any advertising, publicity, or other purposes without our prior consent. You may not take or copy information belonging to other members.
Nature of these Terms
Notwithstanding anything in these terms of service to the contrary, these terms of service in no way shall be construed as to grant you any title, easement, lien, possession, or related rights in our business, our locations, or anything contained in our locations. This agreement creates no tenancy interest, leasehold estate, or other real property interests. Neither party will in any way misrepresent our relationship.
Limitations of Liability
We are not liable for the actions of our users. We do not control and are not responsible for the actions of users on or of our services. We also do not and have no obligation to screen, edit, or review submissions. You should be aware that other users may not be who they claim to be. We do not perform background checks on our users nor do we guarantee that our users’ profiles are accurate. User submissions may be misleading, deceptive, or erroneous, and you acknowledge and agree that any use by you of any submission is at your own risk. We do not endorse, support, or verify the facts, opinions, or recommendations of our users. We do not have liability for third party websites. Our services or services may contain links to third-party websites or products or services from other providers that may offer you the ability to download or access software, content, or services. Our services may also display advertisements from third parties and links to the sites of such advertisers. We are not responsible for the content of these advertisements or any links, or any products, services, or other materials relating to such advertisements. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use or reliance on any advertisement on our services or any products, services, or other materials relating to any advertisement. We will not be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages and any lost profits, revenue, or data, even if advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, strict liability or otherwise. To the extent permitted by law, our total liability for any claim, including any implied warranties, is limited to the amount you paid us to use the services to which the claim relates.
dots SPACE is not responsible for any thefts, damages, or consequences that happen if a member loses, misplaces, or lends their access cards. Lost cards or accesses must be reported to dots SPACE promptly in order to cancel those accesses.
By choosing a coworking space as their main workspace, they understand that they are responsible for the safety of their employees in shared areas and that we require that their coverage (insurance, labor, etc…) should include the entire dots property, whether or not they were considered to be “working” at the moment of an incident. dots SPACE is in no way responsible for injuries in the workplace, nor the actions of individuals. Per the US Department of Labor, posters may be directly handed out to fulfill the labor posting requirements. If your requirements differ, please contact us.
dots SPACE does not and will not allow any third-party access to locked offices being rented during the term of this contract except for maintenance, cleaning, and/or emergencies.
Disclaimer of Warranties
To the extent permitted by law, we disclaim all warranties, express or implied, with respect to our services, including warranties or representations as to the availability, operation, performance, and/or use of our services, or any other materials on or accessed via our services, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties or indemnification arising from a course of dealing or course of performance.
Some jurisdiction does not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. In such an event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.
You agree to indemnify and hold harmless us, our officers, directors, employees, agents, representatives and affiliates, and our third-party providers and partners (including the owners of the locations for our locations), from any claims, damages, losses, costs, reasonable attorneys’ fees or other expenses that arise directly or indirectly out of or from your violation of the terms of service, your use of our services, or any information, content or materials contained, displayed or available therein, by you or any other person accessing them under your authorized access methods, your violation of the rights of any third-party or your submissions, except in each case to the extent any of the foregoing arises directly out of our gross negligence or willful misconduct. You agree to cooperate with us. From time to time, we may investigate any actual, alleged, or potential violations of these terms of service. You agree to cooperate fully in any of these inquiries. You waive any and all rights against us, our officers, directors, employees, agents, representatives, and affiliates, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation. dots SPACE is not responsible for any damages, sickness, or accidents resulting and happening inside the space, dog and cat issues, bites, or accidents. If you have any animal allergies, as well as allergies in dogs and cats, please notify management.
General Privacy Notice
We may collect personal information about you in a variety of ways. Collected information may include information that may be provided by you in the initial signup process or during your membership, and information that may be gathered from our security cameras located on the premises. Note that you are not obligated to provide us with personal information and any information collected by us will be provided by you at your own will. We may collect, use, store and transfer the information in accordance with applicable laws for various purposes, including facilitating the services, performing accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations, and to enforce or manage legal claims. We may also transfer the personal information collected by us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third-party services providers, and our affiliates for the foregoing purposes. Some of these transferees may not be located in your country, and therefore your information may be transferred to countries that may or may not guarantee a level of privacy and data protection that is equivalent to the level of privacy and data protection set by the laws in your country.
What law governs these terms of service? Where will disputes be heard? These terms of service will be governed by and interpreted according to the laws of the State of California, without giving effect to its principles or rules of conflict of laws. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding nonappearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 18007787879.
In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim which is not subject to arbitration pursuant to the foregoing paragraph shall be adjudicated exclusively in the courts located in the County of California and in the federal courts in the District of California. Nothing in this Agreement shall prevent either party from seeking remedies in small claims courts of competent jurisdiction, or from seeking injunctive relief from any court of competent jurisdiction.
Class action waiver
Any proceedings to resolve or litigate any dispute subject to arbitration under the preceding section will be conducted solely on an individual basis. Neither you nor we will seek to have any such dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
What if some of these terms of service are not enforceable?
These terms as well as our community guidelines and any feature-specific guidelines, terms, or rules that may be posted or provided to you constitute the entire agreement between us regarding the services and supersedes and merges any prior proposals, understandings, and contemporaneous communications. If any provision of these terms of service is held to be unenforceable, then that provision is to be interpreted either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this paragraph, the rest of these terms of service is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. Third parties may have their own terms of service. Some of the services available through our online services are provided by third parties. These third parties may have their own terms and restrictions. Any and all additional terms and restrictions will apply to your access and use of the applicable services. If they are in conflict with these terms of service, the additional terms and restrictions will control with respect to such services.
You hereby represent and warrant that you are not, nor will you be at any time while you are a member, an entity or individual listed on the Specially Designated Nationals and Blocked Persons List published by the U.S. Department of Treasury, as updated from time to time.
This Agreement shall not be deemed an offer and shall not be binding on the Dots SPACE until a fully executed copy of the Agreement has been approved, a copy of the ID corresponding to the credit card holder has been received. The Membership fee must be paid in full before receiving keys or access to the space.
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing, and wearing a mask at all times in common spaces. I further acknowledge that dots SPACE has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that dots SPACE can not guarantee that I will not become infected with the Coronavirus/COVID-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, dots SPACE staff, members, and other space clients and their families. I voluntarily seek services provided by dots SPACE and acknowledge that I am increasing my risk of exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
By coming to the space, I attest that:
I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
I have not traveled internationally within the last 14 days.
I have not traveled to a highly impacted area within the United States of America in the last 14 days.
I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
I have not been diagnosed with Coronavirus/COVID-19 and not yet cleared as non-contagious by state or local public health authorities.
I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
If in the future I meet one of the above conditions, I will inform dots SPACE and I will comply with all set procedures to reduce the spread and quarantine as rumors by quarantining for at least 14 days, and come back to the space after I have tested negative to COVID-19.
That I will do my best within reasonable effort regarding my pets and guests to know about their symptoms, exposures, and travels.
I hereby release and agree to hold dots SPACE harmless from and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses, and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of dots SPACE, or that may otherwise arise in any way in connection with any services received from dots SPACE. I understand that this release discharges dots SPACE from any liability or claim that I, my heirs, or any personal representatives may have against dots SPACE with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from dots SPACE. This liability waiver and release extends to dots SPACE together with all owners, partners, and employees.