Terms and conditions
General Terms and Conditions
Last Revised: April 28, 2021
If you have any questions about this Agreement email [email protected]
Covid Notice: RISE Spaces will follow all State and Local guidelines regarding Covid-19 protocols. We look forward to lifting these restrictions in the near future.
The services RISE Spaces provides to you are subject to the following Terms and Conditions (T&C). RISE Spaces reserves the right to update the T&C at any time without notice to you. RISE Spaces plans, products, and services do not create a tenancy but a prepaid usage license to use the provided amenities on a casual, monthly, or agreed upon term basis.
Description Of Services
RISE Spaces may provide you with access to office space, workstations, Internet access, office furniture, conference space, knowledge resources, and other services (collectively, “Services”). The Services at all times are subject to the T&C.
Plain Language T&C
The document has a lot of legal language regarding your rights and responsibilities as a member or guest of RISE Spaces. The section breaks down puts all of that in plain language. Do note though that if there is any disagreement between the legal language and this plain language section that the legal language controls.
What is RISE Spaces providing:
- A productive and enjoyable place to work and participate in deal flow Monday – Friday, 8am – 5pm (or 24/7, depending on your plan)
- Work space, power, Internet, utilities, weekly workshops, networking, after hours events, drinks and snacks
- Scheduled use of our event and conference rooms
- An incredible community of smart, friendly and helpful independent coworkers
- Login to the RISE Spaces online portal and access to our online community groups
- All the information you need to participate in the RISE Spaces community and related events and activities
- Opportunities to host events of your own, including classes, social gatherings and workshops
- An honest commitment to serve you to the very best of our ability. That said, we are human and fallible. Should something go wrong, we’re really sorry, but RISE Spaces can’t be held legally responsible. If you’re hacked while on our network, or if our WiFi goes down, or if someone steals something from you, it’s not on us. We will, however, do whatever we can to help you resolve the issue.
- An always-open line of communication, and confidence that you can share with us any and all questions, concerns or ideas. ([email protected])
- RISE Spaces is a workplace; treat the space and your neighbors with respect and consideration. When you walk out the door, make sure the space is in the same condition (or better!) as it was when you walked in the door.
- Your stuff is your responsibility. It’s your job to make sure that you do not leave anything at RISE Spaces when you leave, unless it’s A) in your private office or B) locked at your dedicated desk. If you do, and after a reasonable time has passed, we can do what we want with it.
- Use your own stuff, not your neighbor’s. If you do need something, let us know. We’re here to help.
- If you break it, lose it or cause any losses, claims or damages, we’re going to have to ask you to make it right.
- Respect your neighbor’s intellectual endeavors, and they’ll respect yours. When you see something on somebody’s monitor or around the printer or on a whiteboard somewhere, forget you saw it. You don’t want your client or your ideas made public and neither does your fellow member or guest.
- Practice kindness. We have zero tolerance for harassment. Every RISE Spaces member and guest should feel welcome, comfortable and productive in our space regardless of race, gender, sexual orientation, gender identity, religion or other personal attributes or beliefs.
- Think before you click. No bit torrent or porn. And RISE cannot be responsible for third-party data, websites, links or services.
- Keep it legal. We have zero tolerance for anyone using the RISE Spaces, services, or resources to conduct or pursue any illegal activities, or any activity that is generally regarded as offensive.
- It’s your job to provide us with advance notice prior to hosting any event at the RISE Spaces.
- Be key smart. If we’ve entrusted you with “keys” to get into RISE Spaces, we’ve given it to you—not your neighbor, partner, or guest.
- Communication is a two-way street. You’re responsible for letting us know right away if there are any changes to your contact and payment information. It’s also on you to read the emails we send you with changes to our services, fees and other updates.
Additional Responsibilities If You have Private Office or Dedicated Desk
- You are encouraged to personalize your space. But please don’t damage the dry wall or paint the walls (use 3M strips to hang things). Just remember that you’re responsible for the full cost and expense if we have to replace or repair anything when you move out.
- If the number of members or other guests regularly using your private office exceeds the number allocated on your plan, you’ll have to pay up. In no event will the number of users exceed two times the number of desks in your private office, no matter how much you pay us. Guests do not mean customers or clients you are meeting with.
Privacy’s great, until it’s not. The private office and dedicated desk file cabinets comes furnished with locks provided by RISE Spaces. If you take it upon yourself to install any additional locks to RISE Spaces property without our express authorization, we will be forced to break them.
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 RISE Spaces’s 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 RISE Spaces 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 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.
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, spimming or any duplicative or unsolicited messages (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 RISE Spaces servers.
- Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, 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, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
- Download any file 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.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules).
- Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party.
- Violate any applicable laws or regulations; or
Create false identity for the purpose of misleading others.
Renewals And Terminations
This Agreement is automatically renewed at the end of each period with consent of each party.
The T&C must be adhered to at all times. Failure to follow T&C can result in non renewal or even early termination of the usage license. RISE Spaces 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 non-payment or violation of the space rules. If this happens, RISE Spaces will refund any amounts paid for unused periods that remain after deducting any pending charges, on a prorated basis.
Members may terminate this Agreement by giving a written notice of termination as established in this Agreement. Termination shall be in effect as of the end of that calendar month. Should Member not provide timely notice of termination to RISE Spaces then the Membership Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.
Invoicing And Payment
The member is automatically invoiced monthly in advance based on their membership option. Also included is any variable charges such as 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 in the invoice. Payment for casual usage is either paid on the day of use unless other arrangement have been made with RISE Spaces.
RISE Spaces reserves the right at all times to disclose any information about you Your participation in and use of the Services as RISE Spaces 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 in RISE Spaces sole discretion.
You acknowledge and agree that during your participation in and use of the Services you may exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by RISE Spaces or any participant of used of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of RISE Spaces, any analyses, compilations, studies or other documents prepared by RISE Spaces or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.
- Your participation in and/or use of the Services obligates you to
- Maintain all Confidential Information in strict confidence;
- Not to disclose Confidential Information to any third parties;
- Not to sue the Confidential Information in any way directly or indirectly deter mined to RISE Spaces or any participant or user of the Services.
All confidential information remains the sole and exclusive property of RISE Spaces or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of RISE Spaces or any participant or user of the Services.
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 RISE Spaces 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, RISE Spaces 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: 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 the applicable law, in no event shall RISE Spaces 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 and and 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 RISE Spaces, and even if RISE Spaces has been advised of the possibility of such damages.
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 RISE Spaces 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 T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to enter amount. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding RISE Spaces, or any of RISE Spaces officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
You release, and hereby agree to indemnify, defend and save harmless RISE Spaces and RISE Spaces 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 RISE Spaces 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 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.
RISE Spaces carries Liability and Property insurance. As a user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of RISE Spaces.
Reviews, Enquiries, Comment, and Use of Other Interactive Areas
Please be aware that by submitting content to risepsaces.com by email, postings on risepsaces.com, including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant RISE Spaces and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
- use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display, and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and
- use the name that you submit in connection with such Submission.
You acknowledge that RISE Spaces may choose to provide attribution of your comments or reviews at our discretion. You further grant RISE Spaces the right to pursue at law any person or entity that violates your or RISE Spaces’ rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Spaces whom a representative of theirs “claim” their space in which the content was submitted by a 3rd party contributor also grant Coworker and its affiliates the same rights listed above.
Risepsaces.com may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of experiences or other content, messages, materials, or other items on risepsaces.com ("Interactive Areas"). If RISE Spaces provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through risepsaces.com any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including RISE Spaces;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of RISE Spaces, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or risespaces.com, or (d) which may expose RISE Spaces or its affiliates or its users to any harm or liability of any type.
RISE Spaces takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is RISE Spaces liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, RISE Spaces is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although RISE Spaces has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, RISE Spaces reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any content posted or stored on risespaces.com at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any content you post or store on rises-aces.com at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by RISE Spaces or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release RISE Spaces, and its licensees, successors and assigns, from any claims that you could otherwise assert against RISE Spaces by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of risespaces.com in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or risespaces.com.
Date Connection and Internet Access Terms of Service
While you are at RISE Spaces, you may connect to our data network to, among other things, access the internet, (the “Connection”). The Connection is provided by RISE Spaces. By using or accessing the connection, you agree to these terms of service. Please read these terms carefully.
We may revise these terms at any time. You are deemed to accept the current terms each time you use or access the connection. It is your responsibility to review it for any changes. If you do not accept these terms of service, you may not use the connection.
Access. Your access to the connection is at our discretion. Your access may be blocked, suspended or terminated at any time and for any reason, including violation of these terms of service, disruption of access to other users or networks or to otherwise protect us, our users, or other third parties. The connection is available to your device only when it is within wireless range of our access points or in your office or a conference room through an Ethernet cable to a data network port. The connection may subject to unavailability, including by reason of emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair.
We are not responsible for any interruptions or performance issues with the connection, nor the underlying network(s), transmission equipment and systems. Network speed will vary based on your device configuration, location, compression, network congestion and other factors. You are solely responsible for any devices, software, or other materials necessary for use of the connection.
Privacy & Security. You acknowledge that no data network or internet-based communication is 100% secure, such communications could be intercepted by equipment and software and no such communication should be considered private or protected.
Prohibited uses. Accessing or using (or attempting to access or use) the connection or taking any action online that violates any applicable law or regulation or that could harm us or any third party or interfere with the operation of the data network to others is prohibited. Among other items, for example, you may not:
i. Upload or transmit through the connection any (a) computer viruses, worms, spam or anything else designed to interfere with or disrupt the normal operating procedures of a computer or network; or (b) any material which is defamatory, offensive, or of an obscene nature;
ii. take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that violates or threatens or system or network security or that of our users or any third parties, including any attempt to circumvent any restrictions imposed on your access to or use of the connection or our other websites;
iii. use the connection to infringe or violate the intellectual property rights or proprietary rights of any third party;
iv. share our IP address or ISP Internet connection with anyone;
v. reproduce, retransmit, disseminate, or resell the connection or authorize any other individual or entity to use the connection, whether for profit or not, without our express written permission.
Breaching “Prohibited Uses” may result in civil or criminal liability. We may report such breaches to relevant law enforcement authorities and co-operate with those authorities to prosecute users who violate these terms. We have the right, but not the obligation, to suspend or terminate your access and use of the connection and other services we may provide you and to block or remove any communications or materials transmitted through the connection.
Additional disclaimers; Liability limits. We are providing the connection on an “as is” and “as available” basis. To the extent permitted by law, we disclaim all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of our services, or any other materials on or accessed via our services, or the accuracy, speed, availability or uptime of the services, network, or data, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.
You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, to the maximum extent permitted by applicable law. None of the RISE Spaces Parties will be liable to you under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You will indemnify the RISE Spaces Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from any breach of this agreement by you.
Copyright and Trademark Notices
All contents of this Website are: ©2021 RISE Spaces All rights reserved. RISE Spaces is not responsible for content on websites operated by parties other than RISE Spaces. “RISE Spaces”, “join the upRISEing”, any associated graphic logo, the ratings stars and all other product or service names or slogans displayed on risespaces.com are registered and/or common law trademarks of RISE Spaces and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of RISE Spaces or the applicable trademark holder. In addition, the look and feel of risespaces.com, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of RISE Spaces and may not be copied, imitated or used, in whole or in part, without the prior written permission of RISE Spaces. All other trademarks, registered trademarks, product names and company names or logos mentioned in risespaces.com are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by RISE Spaces.
If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at [email protected]
Jurisdiction and Governing Law
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Ohio. You hereby consent to the exclusive jurisdiction and venue of courts in Holmes County, Ohio and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against RISE Spaces arising from or relating to risespaces.com or its Services must be heard and resolved in a court of competent subject matter jurisdiction located in the Holmes County, Ohio. Use of risespaces.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.