Terms & Conditions
The following paragraphs outline the terms and conditions (Terms) on which Criterion Coworking (we, our, us) grants Membership to the Member (you, your).
These Terms need to be agreed to by you before you can commence your membership. If there is anything that you do not agree with or do not understand in these terms please do not accept them and contact us at firstname.lastname@example.org so we can try to address your concerns.
We will endeavor to provide the Services to the best of our ability. We value your feedback, and if we are not meeting your expectations please let us know so that we can try to find a way of addressing this.
Your membership is personal to you. You may not transfer your membership to someone else without us agreeing to it in writing first.
Sharing an individual membership or access to the space with a non-member is strictly prohibited and is grounds for immediate cancellation of your membership. We can provide temporary access for guests upon request.
You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies.
The Space is a shared office and we ask that you consider other members and use the space in a respectful way. Offensive language, threatening behavior, abuse of our staff or other members and damage to Our Property, or that of another member, will not be tolerated. We reserve the right to remove offenders from the Space, and suspend or cancel their membership without refund or prior warning.
Members working in the Space must respect the right of others to have “quiet enjoyment” of the space and keep personal telephone conversations to a low level and only listen to personal music via headphones. Private enclosed spaces are provided for personal telephone conversations and Members are encouraged to use these areas. Excessive noise that disturbs other tenants will not be tolerated.
We are not responsible for any property you leave behind in the premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. Prior to the termination or expiration of your membership, you must remove all of your property from the premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in the premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.
- 2.Description of Services. Criterion Coworking may provide you with access to office space, work stations, internet access, office equipment, conference space, knowledge resources, and other services as Criterion Coworking may offer from time to time pursuant to the Application and Membership Agreement (“Member Agreement”) to which this TOU is attached (collectively, “Services”). The Services at all times are subject to the Member Agreement, this TOU and the Community Guidelines referenced in Section 3.
- 3.No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices, or that are prohibited by the “Community Guidelines,” attached to this TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any Criterion Coworking server, or the network(s) connected to any Criterion Coworking server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Criterion Coworking server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into the Member Agreement and abide by the terms and conditions of this TOU (and all Community Guidelines) and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
- 4.Use of services. Members must only use the Space for office purposes unless they have obtained prior written consent from Criterion Coworking You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, multi-level marketing solicitations, junk email, spamming, or any duplicative or unsolicited message (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Criterion Coworking servers or bandwidth;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Restrict or inhibit any other user from using and enjoying the Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Service;
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
- Violate any applicable laws or regulations;
- Create a false identity for the purpose of misleading others;
- Smoke on the premises, including outdoor decks and patios, at any time.
- Use illegal drugs or use legal drugs illegally on the premises.
- Be intoxicated while on the premises.
- Members must not use the premises for any medical or retail activities or other nature involving frequent use by or visits from members of the public.
- Permanent members and private office holders may use the premises address as their business mailing address, however mail must be collected within 45 days or it will be returned to sender and no responsibility for lost or re-directed mail will be accepted by Criterion Coworking.
- Obstruct any entranceway, create any circumstances of disrepair or damage any Criterion Coworking Property or Premises;
- Bring any pets onto the Criterion Coworking Premises (including outdoor deck), unless you have a specific need for visual assistance;
- Use cellular phones or other communication devices in a manner that will be disruptive to other members. In the interests of maintaining a peaceful environment, Criterion Coworking requests that all members, guests, and clients turn their phones to vibrate while in the Premises. We also ask that you use a headphone, phone booth areas or meeting room for calls longer than three minutes; or
- Otherwise violate the Member Agreement, this TOU or any of the Community Guidelines.
- Otherwise exceed the following usage limitations in relation to the shared conference space: Members may not have more than 10 individuals total in either of the conference rooms nor more than 6 in the podcasting suite. All monthly allotments of conference space usage included with memberships, as well as purchases of additional usage, are subject to availability of the conference space. Unused time does not roll over or accrue from month to month.
- You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Criterion Coworking or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, knowhow, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Criterion Coworking, any analyses, compilations, studies or other documents prepared by Criterion Coworking or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
- Your participation in and/or use of the Services obligates you to:
- Maintain all Confidential Information in strict confidence;
- Not to disclose Confidential Information to any third parties;
- Not to use Confidential Information in any way directly or indirectly detrimental to Criterion Coworking or any participant or user of the Services.
- All Confidential Information remains the sole and exclusive property of Criterion Coworking or the respective disclosing party. You acknowledge and agree that nothing in the Member Agreement, this TOU or Community Guidelines, or your participation or use of the Services, will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Criterion Coworking or any participant or user of the Services.
- 6.Participation In or Use of Services. You acknowledge that you are participating in or using the Services of your own free will and decision. You acknowledge that Criterion Coworking does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
- 7.Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Criterion Coworking PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS WITH RESPECT TO THE SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT CONCERNING ANY USE OF THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES, REMAINS WITH YOU.
- 8.Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Criterion Coworking OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY AND INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Criterion Coworking, AND EVEN IF Criterion Coworking HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 9.Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF Criterion Coworking OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS UNDER ANY PROVISION OF THIS TOU AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO TWO HUNDRED NINTY NINE DOLLARS (USD $299.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8 AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
- 10.Termination. Criterion Coworking reserves the right to terminate any Service at any time.
- Criterion Coworking further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU or Community Guidelines. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY Criterion Coworking NOR THIS AGREEMENT SHALL IN ANY MANNER CONSTITUTE A LANDLORD/TENANT RELATIONSHIP, AND Criterion Coworking MAY IMMEDIATELY TERMINATE THE SERVICES FOR ANY REASON AT ANY TIME. Upon termination, you agree to immediately remove any and all of your personal property from the premises.
- 2.Upon termination of this agreement for any reason, member must remove 400 Bryan Ave, Fort Worth, TX, 76104 as their business address on any public facing advertisement, online directory, business card, website, social media, or other, within 14 calendar days. Additionally, member must set up mail forwarding with USPS to forward mail. Criterion Coworking will not be responsible for forwarding mail to member’s new business address.
- 11.Indemnification. You release, and hereby agree to indemnify, defend and save harmless Criterion Coworking and Criterion Coworking’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses (including, without limitation, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and/or fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Criterion Coworking or its respective officers and agents in connection with the defense of such claim or lawsuit.
- 12.Insurance. Building owner, Moonshot Ventures LP carries Liability insurance. Criterion Coworking members are not required but it is strongly suggested that they carry an insurance policy to cover their own equipment and personal property while using our space. That policy may cover your current residence/office, as well as the premises of Criterion Coworking. Criterion Coworking is not responsible for damage to or theft of member’s personal property left in the premises.
- 13.Additional General Terms. By signing this TOU, you furthermore agree to the following additional general terms and conditions of your membership:
- You shall not place anything, or allow anything to be placed, in the common areas, in any, or near the glass or any window, door, partition or wall which may in Criterion Coworking's judgment, appear unsightly from the common areas or from the outside of the building in which the Premises are situated ("Building").
- The sidewalks, halls, passages, exits, entrances, and stairways shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises. The halls, passages, exits, entrances, stairways, etc., are not for the use of the general public and Criterion Coworking shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of Criterion Coworking, reasonably exercised, shall be prejudicial to the safety, character, reputation and interests of the building. Neither you nor any of your employees or invitees shall go upon the roof of the building, beyond the deck. Criterion Coworking shall not be responsible for damage or harm caused by going beyond the decked portion of the rooftop patio.
- The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purposes other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and to the extent caused by you or your employees or invitees, the expense of any breakage, stoppage or damage resulting from the violation of this norm shall be born by you.
- You shall not cause any unnecessary janitorial labor or services by reason of your carelessness or indifference in the preservation of good order and cleanliness.
- No cooking shall be done or permitted on the Premises (the use of a coffee maker and microwave are, however, permitted uses if appliances are provided by Criterion Coworking).
- The premises are not be used for lodging under any situation. Members are not permitted to spend the night in the space or use the space as a residence. Such use will result in the immediate termination of your membership without refund of any paid membership fees.
- You shall not bring upon, use or keep in the premises or the building, any kerosene, gasoline or flammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Criterion Coworking.
- Criterion Coworking shall have sole power to direct electricians to where and how telephone and other wires are to be introduced. No boring or cutting of wires is to be allowed without the consent of Criterion Coworking. The locations of telephones, call boxes and other office equipment affixed to the Premises are determined by Criterion Coworking, in its sole discretion. Criterion Coworking may at its sole discretion, allow network or phone wires to be installed by approved contractors at the expense of the user. Criterion Coworking is a WIRELESS Facility. Network or phone lines may not be available for your space. Wireless adaption software or hardware may be available for purchase either via the Criterion Coworking or third party vendors.
- Upon the termination of Services, you shall deliver to Criterion Coworking any and all applicable keys and passes for offices, rooms, and toilet rooms which shall have been furnished to you. In the event of the loss of any keys so furnished, you shall pay Criterion Coworking therefore. You shall not make, or cause to be made, any such keys, you shall order all such keys solely from Criterion Coworking and you shall pay Criterion Coworking for any additional such keys over and above the set(s) of keys originally furnished by Criterion Coworking. If any keys are not returned to Criterion Coworking, a fee may be imposed to re-key related locks, doors, or office spaces as determined by Criterion Coworking.
- You shall not install linoleum, tile, carpet or other floor covering so that the same shall be affixed to the floor of the Premises in any manner except as approved by Criterion Coworking.
- Members shall not move furniture in any significant way without prior consent of Criterion Coworking.
- No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the stairways, except between such hours and in such stairways as shall be designated by Criterion Coworking.
- Private Offices may be furnished with desks and office chairs. Private office members are welcome to bring ancillary furniture items and decor, as long as those items do not disrupt the aesthetic of the overall space. Nothing shall be hung on the walls without permission. Nothing shall be hung on the glass walls, windows, or doors. Criterion reserves the right to remove decor that does not fit the Criterion space aesthetic or cooperate with the spirit of the Community Guidelines.
- When accessing the Building after hours, you shall cause all doors to the premises to be closed and securely locked before leaving the building including the upstairs patio door.
- Any photo representation or name of the premises used in marketing efforts or identification for your business must be accurately represented. Users may not hold themselves out as owners of the premises or partners in Criterion Coworking, other than as members. You may use the address of the building while your membership remains active provided you continue to comply with all other aspects of the Terms & Condition and Community Guidelines.
- You shall cooperate fully with Criterion Coworking to assure the most effective operation of the Premises' or the Building's heat and air conditioning, and shall refrain from attempting to adjust any controls.
- Except for Criterion Coworking's gross negligence, you assume full responsibility for protecting the premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the premises closed and secured.
- Except with the prior written consent of Criterion Coworking, you shall not sell or cause to be sold any items or services at retail in or from the premises, nor shall you carry on or permit or allow any employee or person to carry on the business of machine copying, stenography, typewriting or similar business in or from the premises for the service or accommodation of occupants of any other portion of the building without written consent of Criterion Coworking.
- You shall not conduct any auction nor permit any fire or bankruptcy sale to be held on the premises, nor store goods, wares or merchandise on the premises. You shall not allow any vending machines on the premises without Criterion Coworking's prior consent.
- On Weekends, federally observed holidays and on other days during certain hours for which the building may be closed after normal business hours, access to the building or to halls, corridors, elevators, stairwells will be controlled by Criterion Coworking through the use of a the Proximity Space smartphone application. This system will verify any and all persons seeking access to the building through the use of proper identification to determine if they have rights of access to the Premises. Criterion Coworking shall in no case be liable for damages wherein admission to the building has not been granted during abnormal hours by reason of your failing to properly identify yourself through the use of a Proximity Space App or through the failure of the building to be unlocked and open for access by you, your employees and general public.
- You understand that Criterion Coworking, may monitor and record the building, internet use, door locks, and premises through various means including cameras, audio visual recording, wi-fi triangulation and any other means determined to be necessary by Criterion Coworking and/or the building owner. By using the building or these services, you understand and affirm that these services are allowed to monitor your use of the building and/or services.
- You shall not change locks or install other locks on doors without the prior written consent of Criterion Coworking.
- You shall give prompt notice to Criterion Coworking of any accidents to or defects in plumbing, electrical fixtures or heating apparatus reasonably known to you so the same may be attended to properly.
- Criterion Coworking shall have the power to prescribe the weight and position of safes or other objects which shall, if considered necessary by Criterion Coworking, be required to be supported by such additional materials placed on the floor as Criterion Coworking may direct, and at your expense. In no event can these items exceed a weight for which the floor is designed.
- Guests may be permitted to access the space under some specific membership agreements.
- Guests in the space agree to be bound by the Terms & Conditions, the Community Guidelines, and the Member Agreements.
- By allowing guests into the building or the premises of Criterion Coworking, you accept responsibility and liability for their actions without limitation.
- Internet Policy: Wireless access to the Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. Criterion Coworking is not responsible for any data, business or other losses as a result of such interruptions. You are responsible to protect your own computer and data from electrical surges, theft, virus, or other malicious attack. Unless otherwise set forth by Criterion Coworking in writing, you are receiving a single user account solely for your use of the services through one unit per login session. You agree not to resell any aspect of the service, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the service simultaneously through multiple units or to authorize any other individual or entity to use the service. You agree that sharing the service with another party breaches this TOU and may constitute fraud or theft, for which Criterion Coworking reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. Criterion Coworking may change your address, log-in name or password at any time. Criterion Coworking will assign you an IP address each time you access the Service, and it will vary. You may not assign your login name, password or IP address to any other person. You agree not to use the Service, any Criterion Coworking or related network or website for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:
- Violating any applicable law or regulation;
- Posting or transmitting content you do not have the right to post or transmit;
- Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
- Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful or otherwise objectionable as determined in our sole discretion;
- Attempting to intercept, collect or store data about third parties without their knowledge or consent;
- Deleting, tampering with or revising any material posted by any other person or entity;
- Accessing, tampering with or using non-public areas of the Service or any Criterion Coworking or related website, computer systems or network;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- Attempting to access or search the Service or any Criterion Coworking or related network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Criterion Coworking or other generally available third party web browser;
- Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
- Using the Service or any Criterion Coworking or related website or network to send altered, deceptive or false source-identifying information;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any Criterion Coworking or related website or network;
- Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any Criterion Coworking or related website or network, overloading, "flooding," "spamming," "crashing," or "mailbombing" the service or any Criterion Coworking or related website or network; or
- Impersonating or misrepresenting your affiliation with any person or entity. If Criterion Coworking suspects violations of any of the above, Criterion Coworking will investigate and may institute legal action, immediately deactivate service to any account without prior notice to you, and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with Criterion Coworking in investigating suspected violations.
- You shall not install, maintain or otherwise locate at Criterion Coworking any computer server of any kind, whether hardware or software without written permission from Criterion Coworking.
- 14. Membership Fees: We will provide you with the Services in consideration for you paying the Fees in the manner identified below.
- Unless otherwise agreed between us, we only accept payment of the Fees by automatic direct debit from a credit card or EFT Bank Draft (electronic funds transfer). In some cases, EFT payments will be given a discount or discounts may require the use of EFT over credit card payment.
- 2.The Fees will be debited monthly in advance from your account and will continue to be debited until your Membership ends in accordance with clause 4.
- 3.It is your responsibility to ensure that your payment details are kept up to date and that there are sufficient funds in your account to enable the successful debit of the Fees each month. If the transaction is rejected for any reason you will be liable for any reasonable costs incurred by us in recovering the debt, including but not limited to any legal, bank or collection agency fees.
- 4.Late payment of fees will also incur interest charges of 10% per annum and you may be subject to a lock out of the space if overdue payments are not rectified within 3 business days.
- 5.The Fees may be subject to review each year at our discretion. You will be notified in writing prior to any increase in the Fees taking effect.
- Entire Agreement. This TOU, the Member Agreement, and Community Guidelines constitute the entire agreement between the parties pertaining to the subject matter contained therein, and supersede all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter.
- Severability. In the event that any provision or portion of this TOU, the Member Agreement or Community Guidelines is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU, the Member Agreement and Community Guidelines shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
- Waivers. No waiver shall be binding on Criterion Coworking unless executed in writing by an authorized representative of Criterion Coworking.
- Successors and Assigns. This TOU, the Member Agreement and Community Guidelines shall be binding on your heirs, legal representative, successors and assigns.
- No Assignment. In no event may you assign in whole or in part your membership or use of the Services, without the advance written consent of Criterion Coworking.
- Notice. All notices, requests, demands or other communications for which this TOU, the Member Agreement or Community Guidelines provides shall be in writing and shall be addressed at the following addresses: If to Criterion Coworking: Criterion Coworking, 400 Bryan Ave, Fort Worth, TX, 76104 Attn: Janice Townsend, Managing Partner. If to you: At the address set forth on page 1 of the Membership Agreement , or such other address as any party may designate in writing. All notices under this TOU, the Member Agreement and Community Guidelines shall be effective: (a) forty-eight (48) hours after deposit in the U.S. Mail, postage prepaid, registered or certified mail, return receipt requested; (b) Upon delivery, if delivered in person to the address set forth above; or (c) upon delivery, if sent by commercial express service, such as Federal Express, except that notices of change of address shall be effective upon receipt.
- Attorney's Fees. If Criterion Coworking shall bring any action for any relief against you arising out of this TOU, the Member Agreement or Community Guidelines, the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
- Governing Law. The rights and obligations of hereunder shall be governed by, and this TOU, the Member Agreement and Community Guidelines shall be construed and enforced in accordance with, the laws of the State of Texas. Venue for the resolution of any dispute arising out of this TOU, the Member Agreement or Community Guidelines shall be Tarrant County, Texas.
I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU (including the attached Community Guidelines) and further agree to be bound to the TOU and Community Guidelines regarding my participation in and use of the Services.