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Terms Of Use

The following terms and conditions ("Terms of Use") govern the use of the Space Sharing & Booking Platform for conference/meeting facilities ("Platform"), website (the "Site"), mobile device software applications (the "Mobile Software"), and related products and services (together with the Platform, Site and Mobile Software, the "Service") made available by Symphony Solution, Inc. d/b/a Checkspaces ("us," "we," or "Checkspaces"). By accessing, using or participating in the Service, you ("you" or the "User") agree to be bound by these Terms of Use. We may modify, add, or delete portions of these Terms of Use, including the pricing terms, at any time. If we do this, we will post a notice that we have made changes to these Terms of Use on the Site for at least seven (7) days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to this Terms of Use will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.

ACCOUNTS; REGISTRATION DATA; ACCOUNT SECURITY
In order to rent or otherwise schedule time in a workspace(a "Venue") from another User through the Service, you must register for a "Member" account. In order to rent or otherwise make available your Venue to another User through the Service, you must register for a "Venue Owner" account. In these Terms of Use, Users with Member accounts will be referred to as "Members" and Users with Venue Owner accounts will be referred to as "Venue Owners."
In connection with registering for, using or participating in the Service (whether as a Member or a Venue Owner), you agree (i) to provide accurate, current and complete information about you and your organization as requested by Checkspaces("Registration Data"); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to Checkspaces, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

VENUE OWNERS
Use of the Service by Venue Owners is also governed by our Venue Owner Policy located at http://www.checkspaces.com/terms-of-use-venue-owners. By using the Service as a Venue Owner, you are consenting to the terms of the Venue Owner Policy.

RENTAL TRANSACTIONS BETWEEN MEMBERS AND VENUE OWNERS
As a Member, you agree to abide by the following Member policies:

  • You agree to be bound by and comply with any additional terms, conditions and policies provided by the Venue Owner relating to the use of a specific Venue, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, and other terms or procedures provided by the Venue Owner ("Venue Policies"). The Venue Policies may be provided in electronic format through the Service or in hardcopy format.
  • You may not use the Venue to carry out any illegal activities or use the Venue in violation of law.
  • You are responsible for leaving the Venue in the condition that it was given to you. You may be held liable for the repair cost for all damage to the Venue and items therein during your use thereof.

You acknowledge that the Service is a forum to allow anyone to find, schedule time in, rent, offer to rent, and make available workspace. Your transactions, communications and interactions with any other Users, including transactions, communications and interactions initiated through the Service, are solely between you and such Users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that Checkspaces does not offer workspace rentals for any facility it does not own, and Checkspaces does not act as an agent for any Venue Owner or any Member. Instead, Checkspaces provides the Service to allow Members and Venue Owners to transact and communicate directly with one another. Checkspaces may, but has no obligation, to monitor disputes between you and any other Users relating to the Service. Checkspaces is not responsible or liable in any manner for any loss or damage arising out of your transactions, communications and interactions with any other Users and you hereby release Checkspaces from any and all claims, causes of actions, obligations or liabilities arising from or relating to such Service, transactions, communications and/or interactions.

PAYMENT
You agree to the fees, charges and other pricing terms applicable to your use of the Service as specified in these Terms of Use and as otherwise communicated to you through the Service. All fees and charges paid by Users in connection with the Service are non-refundable, except as expressly stated in these Terms of Use. Checkspaces may change the fees and charges for the Service at any time in its sole discretion.
If you are a Member, when you find a Venue that you wish to rent on the Service and you have been duly authorized to rent the Venue by the Venue Owner, then you will pay the rental fee through one of two options, as determined by the Venue Owner: (1) Checkspaces will ask for your credit card information and billing address, and Checkspaces will process your rental fee payment on behalf of the Venue Owner (the "Checkspaces Billing Option"), or (2) the Venue Owner will bill you directly for the rental fee, and the Venue Owner will process your rental fee payment directly (the "Venue Billing Option"). Any reservations that are cancelled by the Member or by the Venue at the Member's request are subject to the Cancellation Policy (as described below). Members are considered duly authorized by the Venue if the Venue has granted a CheckspacesAccess Pass to the Member.

CANCELLATION POLICY
Use of the Service is also governed by our Cancellation Policy, a copy of which is located at http://www.checkspaces.com/cancellation-policy. By using the Service, you are consenting to the terms of the Cancellation Policy.

PRIVACY
Use of the Service is also governed by our Privacy Policy, a copy of which is located at http://www.checkspaces.com/privacy-policy. By using the Service, you are consenting to the terms of the Privacy Policy.

PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE
All content on the Site and otherwise available through the Service, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Checkspaces, its users or its licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use, or by separate written, authorized and signed agreement. If so duly authorized, authorized Users may access and use the Service and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access solely for the User's personal, non-commercial use, provided that the User maintains all copyright or other proprietary notices on all copies of such Site Content. Except for your own User Content, you may not publish or otherwise distribute Site Content, including without limitation, via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein, and be subject to all available and cumulative remedies, including but not limited to, damages, injunctive relief and specific performance. All rights of Checkspaces or its licensors that are not expressly granted in these Terms of Use are reserved to Checkspaces and/or its licensors.

USER CONTENT POSTED ON THE SERVICE
You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization including, if you are a Venue Owner, you're Venue (a"Profile"). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Venue Owner, your Venue that you upload or otherwise provide to Checkspaces for use in your Profile (collectively the Profile Content"). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content to keep it accurate and current.

You are solely responsible for the Profile Content, messages, notes, text, information, listings, and any other content that you upload, publish, display or otherwise provide to Checkspaces for display (hereinafter, "post") on or through the Service, or transmit to or share with other Users (collectively, "User Content"). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that Checkspaces may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that Checkspaces believes violates these Terms of Use, as might be amended in its sole and absolute discretion. Checkspaces has no backup or storage obligations regarding User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Checkspaces.

Checkspaces does not verify the accuracy or authenticity of any User Content, including any Venue descriptions or Venue availability information provided by Venue Owners, and makes no representations or warranties with respect to any User Content.
When you post User Content to the Site, you grant to Checkspaces an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. Subject to the rights granted to us in these Terms of Use, you retain ownership of your User Content.

TRADEMARKS
"Checkspaces" and related marks are trademarks/marks of Symphony Solution, Inc. and/or its affiliated companies. "Checkspaces" together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of Checkspaces in the U.S. and other countries ("Checkspaces Marks"). You may not use the Checkspaces Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Checkspaces endorses any product or service. You may not reproduce or use the Checkspaces Marks without the prior authorized written permission of Checkspaces.

USER CONDUCT
You agree not to do any of the following in connection with your use of the Service and to otherwise use the Service in compliance with these Terms of Use.

  • use automated scripts to collect information from or otherwise interact with the Service;
  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
  • upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
  • upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
  • use or attempt to use another's account, service or system without authorization from Checkspaces, or create a false identity on the Service;
  • use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews; or
  • upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
  • upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of Checkspaces, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Checkspaces or its users to any harm or liability of any type.

NO HIGH RISK USE
You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example and without limitation, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act.

ADDITIONAL REPRESENTATIONS AND WARRANTIES
In addition to any other representations and warranties in these Terms of Use, you represent and warrant that:

  • the User Content and all other content submitted to the Service through your account or otherwise posted, transmitted, or distributed by you on or through the Service: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain libelous, defamatory or otherwise unlawful material, and (iii) is truthful and accurate;
  • you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties;

THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the 'Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including but not limited to the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Checkspaces. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

ELIGIBILITY
This Service is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 years of age or older.

MOBILE SOFTWARE LICENSE
Subject to the terms of these Terms of Use, Checkspaces grants you a non-transferable, non-exclusive license to download, install and use one copy of the Mobile Software in object code form only on a mobile device that you own or control.

You may not derive or attempt to derive the source code ofall or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof. Checkspaces and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, Site, and Platform, and any changes, modifications or corrections thereto.

The following terms and conditions apply to you only if you are using Mobile Software from a third party App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Mobile Software from the respective App Store. Your use of the Mobile Software must comply with the App Store Terms of Service. You acknowledge that the third party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. In the event of any failure of the Mobile Software to conform to any applicable warranty, you may notify the third party App Store, who might refund the purchase price, if any, for the Mobile Software to you; to the maximum extent permitted by applicable law, third party App Storemight not have any other warranty obligation whatsoever with respect to the Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You must comply with applicable third party terms of agreement when using the Mobile Software.

DISCLAIMERS
Checkspaces is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including the accuracy of any Venue descriptions, Venue availability information or Member information. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Checkspaces is not responsible for the conduct, whether online or offline, of any User, including any Member's non-compliance with any terms, conditions and policies relating to the use of any Venue. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Checkspaces shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will Checkspaces be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Venues, products or services provided by Users.

CHECKSPACES PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO VENUEOWNERS AND MEMBERS "AS IS," AND, EXCEPT AS PROVIDED HEREIN AND IN ANYVENUE POLICIES, THE VENUE OWNERS PROVIDE THEIR VENUES TO MEMBERS "AS IS," AND CHECKSPACES AND ITS SUPPLIERS (AND VENUE OWNERS WITH RESPECT MEMBERS THAT USE THEIR VENUES) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE VENUES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CHECKSPACES CANNOT GUARANTEE AND DOES NOT PROMISE TO VENUE OWNERS AND MEMBERS, AND VENUE OWNERS CANNOT GUARANTEE AND DO NOT PROMISE TO MEMBERS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A VENUE. WITHOUT LIMITING THE FOREGOING, CHECKSPACES DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; CHECKSPACES AND VENUE OWNERS DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY VENUE RENTAL WILL MEET YOUR REQUIREMENTS; AND CHECKSPACES DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VENUE OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO VENUE OWNERS.

LIMITATION ON LIABILITY
IN NO EVENT (I) WILL CHECKSPACES OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON, OR (II) WILL VENUE OWNERS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO MEMBERS, IN EACH CASE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANYNATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A MEMBER'S USEOF A VENUE, EVEN IF CHECKSPACES (OR THE VENUE OWNER AS APPLICABLE) IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, (A) CHECKSPACES'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, AND (B) EACH VENUE OWNER'S LIABILITY TO A MEMBER OR ANY PARTY CLAIMING THROUGH SUCH MEMBER, IN EACH CASE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHECKSPACES FOR THE SERVICE, OR, WITH RESPECT TO VENUE OWNERS, THE AMOUNT PAID FOR THE APPLICABLE VENUE, IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. VENUE OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO VENUE OWNERS.

TERMINATION
Checkspaces may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that (i) you violate the Terms of Use or violate any other rules that govern the use of the Service, (ii) your conduct may harm Checkspaces or others or cause Checkspaces or others to incur liability, (iii) you receive negative feedback from other Users, or (iv) as otherwise determined by Checkspaces in its sole and absolute discretion.
Checkspaces may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Checkspaces.
You may terminate your Checkspaces account at any time by providing Checkspaces with written notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Checkspaces at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Checkspaces will remove your Profile and cease displaying your Profile Content, including your Venue listings if you are a Venue Owner, on or through the Service.

GOVERNING LAW; ARBITRATION
The laws of the State of New Jersey will govern these Terms of Use and any dispute that might arise between you and Checkspaces without regard to any principles of conflicts of law. Any dispute arising between you and Checkspaces will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the County of the headquarters of Checkspaces. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

INDEMNITY
You agree to indemnify and hold harmless Checkspaces, and its officers, directors, agents, representatives, and affiliates harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or distribute on or through the Service, your use of or participation in the Service, your interactions with other Users of the Service, or any violation of these Terms of Use or of any law or the rights of any third party.

MISCELLANEOUS
These Terms of Use and the Privacy Policy constitute the entire agreement between you and Checkspaces regarding the use of the Service and supersede any prior agreements between you and Checkspaces relating to your use of the Service. The failure of Checkspaces to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions.


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