Acceptance of Terms
Description of Services
Projective may provide members with access to office space, workspace, Internet access, office equipment, conference space, meeting space, event space, web and mobile applications, perks and other services as Projective may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.
All membership payments paid in advance of the upcoming month and are due on the 1st day of the month.
You hereby authorize recurring payments on your credit card, debit card or recurring ACH. NO OTHER FORM OF PAYMENT IS ACCEPTED.
If payment is not received within 5 days of due date, there will be a 10% late fee incurred daily applied to membership dues.
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. You may not use the Services (i.e Bit Torrent, filesharing) in any manner that could damage, disable, overburden, or impair any Projective network infrastructure (Projective’s Internet service), or the network(s) connected to any Projective router/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 Projective router/server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
Use of Services
You agree that when participating in or using the Services, you will:
a) Not prop any access door open or give your key/keycode to anyone else or allow any non-members entrance into or use of the space at any time. Giving your key/keycode to anyone else is grounds for immediate termination of your membership plan and a lifetime ban from Projective for both you and the person that you let into the space.
b) Not move in any furniture, signage, appliances, printers, fax machines, pets, without prior written permission.
c) Not affix signage, banners or other items to the walls.
d) Not 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;
e) Not restrict or inhibit any other user from using and enjoying the Services;
f) Not violate any code of conduct of other guidelines that may be applicable for any particular service;
g) Not harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
h) Not violate any applicable laws or regulations;
i) Not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
j) Make their best efforts to keep a clean and organized workspace, free of none workspace related items;
k) Not move any of Projective’s tables, desks, seats or other furnishings from their designated location.
l) Not share access to the WiFi or wired network.
Participation In or Use of Services
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Projective does not have any liability with respect to your access, participation in, use of the Services, or any loss of information or property resulting from such participation or use.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, Projective provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, 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. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall Projective 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 or 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 Projective, and even if Projective has been advised of the possibility of such damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
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 Projective 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 ten dollars (USD $10.00). 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.
Adding or subtracting seats to the monthly plan
If a team wants to add or subtract seats to the monthly plan they must do so via the Member Dashboard (member.projective.co) before the 1st day of the upcoming month.
The terms of the membership are month to month. If a Member or team wants to terminate their membership they do so via the Member Dashboard (member.projective.co) before the 1st day of the upcoming month.
Projective reserves the right to terminate any service at any time. Projective further reserves the right to terminate your participation in and use of any services, immediately and without notice, at any time.
Cancellations/Terminations are not prorated.
Terminating Communal and Network Memberships: Communal or Network Members must log in and cancel their memberships before the first day of the upcoming month to avoid charges for the upcoming month. If you forget to cancel, you will be charged for the upcoming month and there are no refunds.
For example, if it is August 28th and you want to cancel your membership and you don't want to be charged for September, you must do it before September 1st.
Terminating Dedicated Memberships: Dedicated Members must log in and cancel their memberships before the last day of the month prior to the month that you would like to move out.
For example, if it is August 28th and you want to move out before Oct. 1st, You must cancel before September 1st.
There are no refunds or credits given for unused days or late or cancellations. All charges are final.
You release, and hereby agree to indemnify, defend and save harmless Projective and Projective’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, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Projective or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Projective will carry Liability and Business Personal Property insurance for Projective’s own property in the space. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using the space. That policy may cover your current residence/office, as well as the premises of Projective. Projective or its landlord/property owner is not responsible for theft of or damage to any of your personal property for any reason. It is strongly recommended that you use cable lock systems on any electronic device and use the locking file cabinet for storage if one is included in your membership plan.
By becoming a member at Projective, I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU and further agree to be bound to the TOU regarding my participation in and use of the Services.
(Updated May 25th 2016)