Acceptance of Agreement: The Services Liv EGAD (LE) provides to you, the undersigned Member, including but not limited to building access, use of office space, access to Internet, and the other Services listed below, are subject to the following Membership Agreement (the Agreement). Members will abide by the Agreement, as well as other terms determined by LE staff, which may be communicated verbally, by email or written notice. LE reserves the right to add, delete or amend the Agreement at our reasonable discretion without notice to Member. Members continued use (membership) of LE facilities and services following any changes to the Agreement constitutes your acceptance of such new term(s). Liv EGAD (LE) is a wholly owned subsidiary of LIVACAI Cafe, LLC
TERMINOLOGY USED IN THIS DOCUMENT
LE refers to Liv EGAD, its ownership or affiliates.
Member refers to the undersigned member of Liv EGAD.
Member Organization refers to any business entities associated with Member
Services refer to the services and amenities provided by Liv EGAD.
Guest are all non-members who are invited into Liv EGAD.
COWORKING BEST PRACTICES
Liv EGAD is a shared, collaborative, and open workspace. In order for everyone to peacefully co-exist, there are some best practices that we should all follow:
Be friendly. Introduce yourself to others. You’ll probably find other motivated hard workers like yourself. They can be great resources to bounce ideas off. Many a business have been formed based on common goals and complementary skills.
Be considerate and respectful of others. When you are finished using something, put it back the way you found it. Push chairs back in, clean off work spaces, and erase white boards. Always keep in mind you are sharing the space with others.
Advertise yourself. If you have a permanent office or desk, put something up with your logo and make sure we showcase you in the front. If you want to share or test your marketing material, bring it to our mixers and share it with the community. The more the community knows what you are about, the more buzz it can create for you.
When it’s time for you to focus and do your productive work, the universal sign for “do not disturb” is to put on your headphones. If others have headphones on, that’s a sign they have serious work to get done.
Phone calls in the open space are fine, just talk at a normal volume and be aware it is an open space with the associated background noise. If you need privacy, are practicing aggressive negotiations or you have to yell at someone, take a walk outside or use the insulated quiet of your car. On the flip side, if you get disturbed easily by someone on a call, a good set of headphones are a must. If you are on the phone a lot using your booming sales voice, a private office is your best membership option.
Keep our space clean. When you leave, another person will most likely sit at that same spot. So please keep it clean and trash your trash.
We are a community, let us know of suggestions on how we can make Liv EGAD better. We’re interested in both large and small suggestions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of Membership in Liv EGAD and use of the Services, Member will not use the Services for any purpose that is unlawful or prohibited in this Agreement. Member may not use the Services in any manner that could damage, disable, overburden, or impair any LE server, or the network(s) connected to any LE server, or interfere with any other party’s use and enjoyment of any Services. Member may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any LE server or to any of the Services, through hacking, password mining or any other means. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
ACCEPTABLE USE POLICIES
The undersigned Member agrees to abide by the following as well as enforce the following with any guests of member.
2.1. Do not 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.
2.2. Do not 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 Member owns or controls the rights thereto or have received all necessary consent to do the same;
2.3. Do 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.
2.4. Member will not download any file(s) that cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
2.5. Do not restrict or inhibit any other user from using and enjoying the Services.
2.6. No crypto mining of any sort shall be permitted.
2.7. Will not harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
2.8. Will not violate any applicable laws or regulations.
2.9. Will not create a false identity for the purpose of misleading others.
2.10. Will not allow any guest(s) or such Members to enter the building without registering such guest(s) according to our policies.
2.11. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, any duplicative or unsolicited message (commercial or otherwise);
2.12. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2.13. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through LE servers;
2.14. Perform any activity that is reasonably likely to be disruptive or dangerous to other members, their guests, or their property.
2.15. Use the Services to conduct or pursue any illegal activities
2.16. Use the Services to conduct any activity that is generally regarded as offensive
2.17. Attach or affix any items to the walls, install antennas, or telecommunication lines or devices in the office space or bring additional furniture into the office space, in each case without our prior written consent;
2.18. Misrepresent himself or herself to the LE community, either in person or online
2.19. Take or copy information belonging to other members or their guests
2.20. Use the name “Liv EGAD” or use pictures or illustrations of the Premises in any advertising, publicity or other purpose, without our prior written consent;
2.21. Use the office space in a “retail,” “medical,” or other nature involving frequent visits by members of the public;
3. SERVICES
Subject to the terms of this Agreement, LE will provide each Member services including but not limited to those described below. These services are referred to in this Agreement as the “Services.”
3.1. Building Use. Access to the shared or private office space specified in the Membership Details form. All memberships include use of the meeting rooms on a first come first serve basis.
3.1.1. Upon completion of the membership Agreement, member will receive a key/keycode, which will allow access to LE 24/7. DayPass and Guests excluded.
3.1.2. An LE staff person will be onsite from 8am-5pm on weekdays and 8am-6pm on weekends
3.1.3. Access to the shared or private office space specified in the Membership Details form.
3.2. LE Furnishings. LE provides Members use of furnishing in all areas except private offices.
3.2.1. LE Furnishing provided are the sole property of LE.
3.2.2. LE Furnishings may never be removed from LE.
3.2.3. LE Furnishings may only be moved upon approval of LE staff.
3.2.4. Any damage to LE Furnishings by Member are the sole responsibility of the Member. Member may be liable for the full replacement cost of any items damaged by member.
3.2.5. Any damage to LE Furnishings by Guests are the sole responsibility of the Member
3.2.6. LE does not guarantee LE Furnishings for any particular purpose or usage.
3.3. Member Furnishing and Belongings. Members are encouraged to bring furnishings and belongings if they reserve a dedicated desk, or private office.
3.3.1. Member Furnishing and Belongings must be left within reserved space only.
3.3.2. LE is not responsible in any way for Member Furnishings or Belongings.
3.3.3. Members should safeguard their Furnishings and Belongings.
3.4. Shared Conference/Meeting Rooms: Subject to availability, members are entitled use of the conference room during LE regular business hours on regular business days. Special arrangement must be made with LE staff for usage of conference rooms outside of regular business hours.
3.4.1. DayPass/Guests/Single Day Use members have NO reserved conference room or meeting room hours included in their Membership. Any conference or meeting room usage is billable at the current prevailing rate for non-Members and usable during standard office hours.
3.5. Shared Space: The LE central area is a shared space.
3.5.1. Shared space and common areas can be used by all members.
3.5.2. Shared space is the primary work area of daily & monthly members.
3.5.3. Shared spaces are to be used by our members and guests on a temporary basis, meaning reserving desks or work areas is not permitted, personal and work items should not be left overnight, and all work areas used by members should be cleaned and items removed when finished working.
3.6. Events in the Shared Space: From time to time, LE will have events in the Shared Space.
3.6.1. The events will almost always be at night.
3.6.2. Members are invited to all events.
3.6.3. All events will be advertised in advance in the events calendar.
3.6.4. LE will reconfigure the main area during events by removing the tables and adding more chairs.
3.7. Private Office: Some membership Agreements will contain occupancy of private spaces including private offices.
3.7.1. Member acknowledges that office space has a limited capacity. Whether or not additional members are included in Members account, no more than that capacity is permitted to work in Members space at any given time.
3.8. Guests. LE allows Guests (Visitors) for all members.
3.8.1. Conference Room usage will include visitor passes up to the standard capacity of the room.
3.8.2. All non-member visitors are the sole responsibility of the accompanying member. Guest may be required to pay a day use fee for usage of the space that exceeds 1 hour.
3.9. Mail and Shipment Receiving. LE will accept mail and deliveries on behalf of Member or Member Organization during regular business hours on our regular business days.
3.9.1. Dedicated desk, cube & private office memberships include unlimited mail reception. LE will receive letters, sign for packages, and place them in reserved space unless otherwise instructed.
3.9.2. All memberships are subject to a one time mail handling fee of $35
3.9.3. Memberships that do not include Mail and Shipment Receiving are limited to 3 pieces of postal mail per month, unless the above services has been added to their membership. Should these Members receive more than 3 pieces of main in the month, they will be billed the setup fee detailed above.
3.9.4. LE will place Members mail in the dedicated mail area until Member is able to pick it up.
3.9.5. Following membership cancellation, all mail will be returned to sender after one week.
3.9.6. All mail, packages, or deliveries of any kind received for non-members, day members, half time members or expired members will be returned to sender.
3.10. Facility Maintenance. Regular maintenance of the office space will be provided by LE.
3.10.1. LE will be professionally cleaned regularly and as needed.
3.10.2. Garbage and recycling will be emptied weekly.
3.10.3. Any maintenance resulting from damage, misuse or mistreatment by a Member will be billed to that Member in their next monthly membership bill at up to the actual cost + 5%.
3.11. Facility Security. LE provides all monthly Members with 24/7 key/code access.
3.11.1. Key/code access is available at the second floor entrance only
3.11.2. All exterior doors are to remain closed at all times until expressly open by LE staff.
3.11.3. Members with Private Offices will access their office using the same key/code.
3.11.4. LE is equipped with security cameras throughout the space. 3.11.4.1. For security reasons, LE will regularly record via video certain areas in the Premises;
3.11.5. Members should safeguard LE property.
3.11.6. Members will be liable for replacement fees should any such property be lost, stolen or destroyed.
3.12. Keys and Card Keys:
3.12.1. All keys/code are the property of LE and should never be duplicated for any reason.
3.12.2. Member may not lend, share or transfer any keys or Codes to any third party.
3.12.3. A lost key fee of $20 will be charged for any lost key.
3.13. Network, Internet and IT Infrastructure. Members are entitles to unlimited access to and use of the shared Internet WIFI connection.
3.13.1. The Wireless networks are shared infrastructure. Network abuse may results in reduction in Member bandwidth. Repeated abuse may result in termination of Membership.
3.13.2. LE may provide Members with other IT amenities as they become available.
3.13.3. LE does NOT make any warranties or guarantees about security and it’s the customer's responsibility to secure their own personal machine with intrusion detection/prevention software (firewall) and antimalware clients.
3.14. Printers/copiers/scanners. Each monthly Member is granted a monthly allocation for printing on the 1st of each month.
3.15. Pets: LE is NOT Pet Friendly.
3.15.1. For the health & safety of our onsite cafe, we have a zero pet policy.
3.16. Staff on site: LE staff will be available on-site during regular business hours/days.
3.16.1. “Regular business hours” are generally from 8:00 a.m. to 5:00 p.m. with the exception of days prior to U.S. federal holidays, when our regular business hours end at approximately 2:00 p.m.
3.16.2. LE Staff may not always be available during “regular business hours”.
4. MEMBERSHIPS
4.1. Types of Membership: LE Membership can come in many forms from single day passes to multi-month offices.
4.2. Guest/DayPass/Single Day Use: Guest/DayPass/Single day use members may not be entitled to all of the Services outlined above. Check with an LE Manager for details.
4.3. Primary Member. A Primary Member has the sole authority to make changes to or terminate this Agreement. An executive officer of the company has authority to override the request of a Primary Member, provided that LE receive such request within 24 hours following such Primary Member’s request. Executive officer of the company has the authority to remove or replace the current Primary Member. In certain circumstances, the individual designated as the Primary Member may cease to provide services to the company or cease using the office space regularly. Unless LE receives instructions from an executive officer of the company, LE will use our reasonable judgment in designating a replacement Primary Member. LE will be entitled to rely on communications to or from such person as notice from or to the company. LE is entitled to request reasonable information to confirm that an individual claiming to be an executive officer of the company truly is one.
4.4. Membership Payment and Authorization. Member authorizes LE to accept payment of all amounts specified in this Agreement.
4.5. Payment Contact and Account Changes: Member shall promptly notify LE of any change to Primary Member contact and payment information
4.6. Security Deposits.
4.6.1. Security deposit shall become due upon execution of this agreement. Rent shall become due on the start date of your membership.
4.6.2. Security deposits are equal to one month of membership dues and subject to the current prevailing rate for the selected membership tier.
4.6.3. The security deposit is not intended to be a reserve from which fees may be paid. In the event Member owes LE other fees, they will not be deducted from the security deposit, but must pay them separately. The security deposit amount must remain the same for the duration of the agreement.
4.6.4. Upon termination of Membership, the security deposit may be applied to repairs resulting from any damage caused by Member or any amounts due.
4.6.5. Any balance remaining on the security deposit will be returned to Primary Member no later than thirty (30) days following the termination of this Agreement, subject to the complete satisfaction of your obligations under this Agreement.
4.7. Membership Charges: During the term of this Agreement, LE will process payment for your Membership fee and other outstanding fees, in advance. The Membership fee covers Memberships for only the number of Members indicated. Additional Memberships will result in an increased Membership fee.
4.8. Billing Schedule:
4.8.1. All Membership invoices will be generated on or about the 15th of the month for the next month’s services and delivered to the Primary Member via e-mail. Member should review all charges upon receipt.
4.8.2. All payments must be received in full no later than the 1st of each month.
4.8.3. Accounts are considered past due if payment has not been received by end of day on the 5th.
4.9. Past Due Payments/Late Payment – Assigned Spaces: Should payment not be received in full after processing on the 1st, LE reserves the right to release to other Members any spaces that have been allocated at the time of current membership expiration.
4.10. Late Fees. If payment for monthly Membership fee(s) or any other accrued and outstanding fee(s) is not made by the 1st of the month, you will receive a 5 day grace period. On day 5, you will incur a $50 late fee.
4.11. Insufficient Funds Fees. Should Members payment be returned for insufficient funds or invalid credit card information, a charge will be added to the current bill and the total amount due for the current month will be increased by $40.
4.12. Outstanding Fees. LE may withhold services or terminate this Agreement if any outstanding fees are due beyond the 1st (first) of every month including but not limited to building and network access. When LE receives funds from you, LE will first apply funds to any balances which are in arrears and to the earliest month due first. Once past balances are satisfied, any remaining portion of funds received will be applied to current fees due.
4.13. Changes to Fees. Membership fees may be subject to increases during the term of this Agreement. LE will do it’s best to limit Membership Fee changes to once a year. Other service fees are subject to increase from time to time. LE will notify Members at least thirty (30) days prior to fee increases.
4.14. Refunds: LE memberships and commitments fees are not refundable once payment is processed. Refunds may be issued for security and pet deposits when there are no services or maintenance that would apply to the deposit and no additional outstanding fees. Refunds may also be issued when billing errors occur.
4.16. Notice of changes. LE will provide notice to Members of any changes to services, fees, or other updates to the email addresses provided. It is your responsibility to read such emails and keep your e-mail address updated with LE.
5. MEMBERSHIP TERM AND TERMINATION
5.1. Term. This Agreement will be effective once signed by Member. Member will be entitle to the Services and benefits of LE once payment is made by Member of all deposit and Membership fees. Each Membership will begin on the later of the Start Date specified in the Membership Details Form and the date you request the addition of such individual to the Member List. Each Membership will terminate upon the earlier of the termination of the Agreement, your removal of a Member from the Member List or our notification to you that a Member violated these Terms and Conditions. If the Start Date is a Business Day, the Members will be entitled to move into the office space on the Start Date. If the Start Date is not a Business Day, the Members will be entitled to move into the office space on the first Business Day after the Start Date no earlier than 11 a.m.
5.2. Cancellation Prior to Start Date By You. You may cancel this Agreement prior to the Start Date upon delivery of notice to LE and may be entitled to a full or partial refund of the commitment fee upon the following terms: (i) if notice of termination is received by LE more than twenty one (21) days prior to the Start Date, you will be refunded all fees paid by you and received by LE; and (ii) if notice of termination is received by LE less than twenty one (21) days from the Start Date, you will be refunded fifty percent (50%) of the commitment fee.
5.3. Office Space Not Timely Available. If LE are unable to make the office space available by the Start Date, LE will not be subject to any liability therefore, nor will such failure affect the validity of this Agreement. In this event, you will not be obligated to make payments of the Membership fee until the office space is made available to you. If the office space is not made available to you within fifteen (15) days of the Start Date, you may terminate this Agreement by providing LE with notice of such termination at any time before the office space is made available to you. If you elect to terminate Membership under this provision, LE will refund to you all fees paid by you and received by LE.
5.4. Termination After the Start Date by You. You may terminate this Agreement by delivering to LE an exit form executed by the Primary Member at least thirty (30) days prior to the termination. You expressly agree that you may specify only the last business day of the calendar month as the termination date and you will not be entitled to pro ration with respect to such last month’s Membership fee. For example, if you deliver a 30-day termination notice on March 15, the termination will not be effective until April 30. This paragraph also applies to changes of office space within the Premises initiated by you. On such last business day, you must vacate the office space no later than 4:00 p.m.
5.5. Termination After the Start Date by LE. LE may immediately terminate this Agreement: upon breach of this Agreement by you or any Member; upon termination of our rights in the Premises; or at any other time, when LE, in our reasonable discretion, see fit to do so. You will remain liable for past due amounts and OS may exercise our rights to collect due payment despite termination of this Agreement.
5.6. Early Termination Fee: For Members who have negotiated terms based on agreements longer that a single month, LE reserves the right to charge Member an Early Termination Fee up to one month’s full Membership fee. Members who inform OS of the termination of their agreement at least 30 days in advance may not be subject to an Early Termination Fee.
5.7. Removal of Property upon Termination. Prior to the termination of this Agreement, you will remove all of your, the Members’, and their guests’ property from LE. After providing you with reasonable notice, LE will be entitled to dispose of any property remaining in or on the office space after the termination of this Agreement without any obligation to store such property, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible to pay any fees reasonably incurred by LE regarding such removal. Following the termination of this Agreement, LE will not forward or hold mail or other packages delivered to LE.
6. OTHERMEMBERS/MEMBERDISPUTES
6.1. LE does not control and is not responsible for the actions of other Members. If a dispute arises between Members or their invitees or guests, LE shall have no responsibility or obligation to participate, mediate or indemnify any party. LE does reserve the right to terminate Membership immediately, without refund, if any Membership dispute becomes disruptive.
6.2. Harassment of any kind will not be tolerated.
7. TECHNOLOGY RELEASE
In order to utilize all the Services offered by LE, it may be necessary to install or run software on a Member’s computer. In addition, from time to time, at a Member’s request, LE or an affiliate may troubleshoot problems a Member may has accessing certain Services such as Printing, Wi-Fi and Storage. Regarding the foregoing, you agree that LE and our affiliates are not responsible for any damage to any Member’s computer system related to such technical support or downloading and installation of any software. LE does not assume any liability or warranty in the event that any manufacturer warranties are voided and do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support.
8. INSURANCE
You are responsible to maintain, at your own expense, personal property insurance and commercial general liability insurance covering property loss and damage, injury to the Members and the Members’ guests and prevention of or denial of use of or access to, all or part of the Premises in form and amount appropriate to your business. LE must be named as additional insureds on any such policies of insurance. You shall provide proof of insurance upon our request.
9. ADDITIONAL FEE SCHEDULE
One Time Setup/Tech Fee: $50
Insufficient Funds Fee: $40
Membership Payment late Fee: $50
Cleaning, Damages and Repairs: Actual Cost + 5%
10. LEGAL DISCLOSURES
10.1. Information Security:
10.1.1. LE will make its best effort to protect all confidential information regarding Member.
10.1.2. LE may disclose information about Member as necessary to satisfy any applicable law, regulation, legal process or government request
10.1.3. LE will not harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
10.2. Our Reserved Rights: LE is entitled to access your office space, with or without notice, for maintenance, safety or emergency purposes. During these times, LE may temporarily move furniture contained in the office space. LE reserves the right to move or alter your office space. OS may modify or reduce the list of Services at any time with prior notice. The Services may be provided by LE, an affiliate or a third party.
10.3. Class Action Waiver: Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor LE will seek to have any 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.
10.4. Waiver of Claims: To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against LE, LE affiliates, 3rd parties hired by LE, other Members, assignees, officers and directors resulting from injury or damage to, or destruction, theft, or loss of property or person.
10.5. Indemnification: You will indemnify LE and our affiliates from and against any and all claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach of this Agreement by you or the Members or their guests or pets or their actions or omissions. If any such claim, action, or proceeding is brought against LE or our affiliates, you, will at your expense, upon written notice from LE, defend such action or proceeding by counsel approved by LE. You are responsible for the actions of and all damages caused by all persons and pets that you, the Members or their guests invite to enter the building. You may be liable for Repair and Replacement fees of the actual cost of the damage + 5%.
10.6. Limitation of Liability: The aggregate monetary liability of LE or our affiliates to you, the Members, or your or their guests for any reason and for all causes of action, will not exceed the total Membership fees paid by you to LE under this Agreement. LE and our affiliates will not be liable under any cause of action, for any indirect, special, incidental, consequential, or punitive damages, including loss of profits or business interruption. You may not commence any action, or proceeding against LE or our affiliate, whether in contract, tort, or otherwise unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
10.7. Legal to enter into Agreement: 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 Membership Agreement 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.
10.8. Acceptance of Agreement: The Services Liv EGAD (LE) provides to you, the undersigned Member, including but not limited to building access, use of office space, access to Internet, and the other Services listed below, are subject to the following Membership Agreement (the Agreement). The most recent Agreement will be posted online and made available upon request. Members will abide by the Agreement, as well as other terms determined by LE staff, which may be communicated verbally, by email or written notice. LE reserves the right to add, delete or amend the Agreement at our reasonable discretion without notice to Member. Members continued use (membership) of LE facilities and services following any changes to the Agreement constitutes your acceptance of such new term(s).
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