The Nest Cowork, Inc. (“The Nest Cowork + Club” Or “The Nest”) Terms and Conditions Of Use
Acceptance of Terms
The services of The Nest Cowork + Club provides to you, the undersigned (including but not limited to use of office space, access to Internet, etc.), are subject to the following Terms of Use (TOU). The Nest Cowork + Club reserves the right to update the TOU at any time without notice to you. The Nest Cowork + Club membership application does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis.
Description of Services
The Nest Cowork + Club may provide you with access to office space, work stations, Internet access, office equipment, conference space, business resources, events, and other services as the The Nest Cowork + Club may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.
No Unlawful or Prohibited Use
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 in any manner that could damage, disable, overburden, or impair any Nest Cowork + Club internet connection, or the network(s) connected to any Nest Cowork + Club server, or interfere with any other partyʼs 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 Nest Cowork + Club 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, nor should you post or download files that you know or should know are illegal or that you have no rights to.
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 not:
Use the Services in connection with contests, pyramid schemes, chain letters, 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 The Nest Cowork + Club servers, notice boards, events or The Nest Cowork + Club spaces;
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 anotherʼs 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;
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.
Key-holder Responsibilities
A key-holder is deemed to be any person who takes possession of keys, key fob, and/or key card to the The Nest Cowork + Club. Key-holders acknowledge and accept responsibility for the security of the doors and spaces they access. The first issuance of the key card or key fob is free for members and must be returned upon the expiration of membership. If the key card or key fob is lost, members must pay $50 for a replacement. The key-fob holder is expected to secure the space when either they believe they are the last person on the premises or any time after 5pm.
Confidentiality
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by The Nest Cowork + Club or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential, or proprietary in nature.
Invoicing and Payment
The invoices are issued in advance, based on the chosen membership option. Payment is on invoice date at the beginning of the period. Payment for walk-in usage is made on the starting day of use.
Renewals and Terminations
The Nest Cowork + Club reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C.
Once payment is made for a given period of time, no refunds are possible. In case of renewal of the services, these terms and conditions are automatically renewed. When the initial contract expires, membership will automatically renew at the monthly rate in accordance with the term commitment. I.e. 3 (three) month memberships auto renew after 3 month period for $125/month. 6 (six) month memberships auto renew for $110/month. 12 (twelve) month memberships auto renew for $97/month.
Members may terminate their contract by giving a written notice to support@thenestcc.com. To terminate membership, members' initial number of month contract must be expired, and members must give written notice 30 days in advance of member termination.
Should the member decide to cancel membership prior to the contract expiration, members have two options: 1) Membership can be transferred or gifted to another individual (member must find this person to take their contract) to continue through the end of their contract period; or 2) Member may buy out the contract in full for 50% of the rate left in the contract period (access to Services are revoked immediately).
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 The Nest Cowork + Club does not have any liability with respect to your access, participation in, use of the Services, or any loss of information, loss from theft or damage of personal property on its premises, resulting from such participation or use. You are liable for the full cost of any damages caused by you to any property in the space, owned either by The Nest Cowork + Club or its members.
Severability
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.