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Hive Membership Agreement

  • Please note that your Membership must be activated and used within 90 days of purchase, after which point it expires. If you don’t completely love your experience here, tell us in writing within your first 10 days and we’ll refund 100% of your membership price.
  • #1 BEE KIND: This should go without saying, but we’ll say it anyway. All members and guests must be courteous and respectful at all times. This is a shared space and we expect everyone to be kind to everyone else. Violation of this rule can result in suspension or permanent termination of membership. #2 BEE SMART: It is assumed all members and their guests will make choices that reflect intelligent decisions relative to our business, and the community space. For example, there is no smoking, wrestling, shouting, or vandalism allowed. If you have to ask yourself whether something is a smart choice, the answer is likely rhetorical. Go take a breather and try again tomorrow. #3 YOUR MOTHER DOES NOT LIVE HERE: Simply stated, your mother, though welcome to join the Hive, is not going to clean up after you. We expect all members and their guests to leave the space as they found it, or better. We’ll handle the basics like taking out the trash and recycling, stocking toilet paper, sweeping the floors, and all that stuff. YOU are responsible for doing your own dishes, for composting your old food from the fridge, and for strutting a modicum of domestic skills when necessary. #4 THE COUCH IS NOT FOR SLEEPING: The Hive is not a residential space and 24/7 access does not mean that it’s okay to live here. We know this place is awesome and you want to be here all the time, but please sleep in your own bed. Seriously. #5 FEEDBACK: We want it, good or bad, in any language. Tell us how to improve the space, as well as the overall member experience, etc. This is your chance to grumble (anonymously or not) about an ogling coworker, request something special for the kitchen, or recommend a product or service that you think we should offer to our members. Go for it.
  • THE LEGAL JARGON ------ (LICENSE TO USE) Acceptance of application for membership in The Hive does not create a tenancy, but rather a prepaid, nonexclusive, nontransferable, and revocable usage license for the provided amenities and services on the basis appropriate to your membership level. Lessees of dedicated office space at The Hive have additional rights and obligations set forth in their separate Commercial Lease Agreement or Private Desk Agreement as appropriate. (ACCEPTANCE OF TERMS) The amenities and services that The Hive provides to you are subject to the following Terms and Conditions (T&C). The Hive reserves the right to update the T&C at any time with or without notice to you. (NO UNLAWFUL OR PROHIBITED USE) You will not use the Services for any purpose that is unlawful or prohibited by the T&C. You may not use the Services in any manner that could damage, disable, overburden, or impair any of The Hive’s property or equipment, or interfere with any other party’s use and enjoyment of any Services. (DESCRIPTION OF AMENITIES & SERVICES) The Hive amenities and services that The Hive may provide to you may include, without limitation, access to office space, workstations, Internet, member's website, office equipment, conference space, knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the T&C. (USE OF SERVICES) You agree that when participating in or using the Services, you will not: o Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; o Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Hive services. o 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; o Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner. o Restrict or inhibit any other user from using and enjoying the Services. o Violate any code of conduct or other guidelines which may be applicable for any particular Service. o Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.. (AUTHORITY) 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 T&C 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. (RENEWALS & TERMINATIONS) You agree to the automatic renewal of your membership and of this Agreement at the end of each billing period, subject to revocation and termination as provided herein. The T&C must be adhered to at all times. Failure to follow T&C can result in non-renewal or early termination of the usage license. The Hive reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes nonpayment or violation of the T&C. If this happens, The Hive will refund any amounts paid for unused periods that remain after deducting any unpaid but due charges, on a pro-rata basis. Members may terminate membership and this Agreement by giving a written notice of termination delivered to The Hive management within five (5) business days from the end of any billing period. Termination shall be in effect as of the end of the membership period in which notice is given. Should you not provide timely notice of termination to The Hive then the Membership Period shall continue to the end of the following billing period and the service fees for that period shall be payable. (INVOICING & PAYMENT) You are automatically invoiced monthly in advance based on your membership option. Also included are any variable charges such as meeting room usage that may have been incurred during the previous period. Payment is required at the beginning of the month for that period, at the date specified on the invoice. (DISCLOSURE) The Hive reserves the right at all times to disclose any information about you, your participation in, and use of the Services, as The Hive deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part at The Hive's sole discretion. (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 Hive 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. (DISCLAIMER OF WARRANTIES) To the maximum extent permitted by the applicable law, The Hive 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: 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. (INDEMNIFICATION) You release, and hereby agree to indemnify, defend and save harmless The Hive and The Hive 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 attorney fees and costs incurred by The Hive or its respective officers and agents in connection with the defense of such claim or lawsuit. (SEVERABILITY) In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. (INSURANCE) The Hive may carry various Liability and Business Personal Property insurance policies, however, as a member, it is strongly suggested that you carry a suitable insurance policy to cover your own equipment and needs. That policy may cover your current residence/office, as well as the premises of The Hive. While insurance may not required by non-suite-holding members, suite holders may be required to carry Renter's Insurance and agree to comply with any terms as stated in their Commercial Lease Agreement. (APPLICABLE LAW, DISPUTE RESOLUTION) This T&C agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules. Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Colorado, in accordance with the rules of the American Arbitration Association then in effect by one arbitrator. Judgment may be entered on the arbitrator's award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive [or consequential] damages. (ENFORCEMENT FEES) In the event of any action to enforce rights under this Agreement, the prevailing party shall be entitled its costs and expenses, including reasonable attorneys fees if any, incurred in connection with such action.