Dedicated Desk - 6 months - $350/month Terms and Conditions

Membership Agreement

Bamboo Detroit L.3.C. (“Bamboo”) provides a shared workspace for independent workers. This membership agreement (“Agreement”) provides the terms of our relationship and your use of Bamboo’s facilities.

TERMS

You are permitted access to the Bamboo’s premises at 1420 Washington Blvd, third floor, (collectively, the “Premises”) for purposes of conducting business, gathering socially with other members and invited guests, hosting events with the permission of Bamboo, and otherwise using the Services (defined below) as is specifically outlined in this Agreement. Any use of the Premises for reasons other than set forth herein is prohibited, unless you first gain Bamboo’s written permission.

Occasionally, Bamboo will host events that may interfere with your ability to use the space in quiet enjoyment. In such circumstances, Bamboo will endeavor to provide you with prior notice.

SERVICES/PRICING

Bamboo may provide you with access to office space, work stations, internet access, office equipment, meeting and conference space and any other business related services that may be offered from time to time by Bamboo and set forth specifically below (collectively “Services”). Services are at all times subject to this Agreement and to such terms, rules and regulations (collectively “Rules”) which Bamboo may, from time to time, adopt and which are incorporated herein in full. Your failure to comply with this Agreement or the Rules shall constitute a breach of this Agreement. Pricing is based on the level of Services. Please initial next to the Services you desire.

PAYMENT

You are responsible for the payment of Services for the entire term of the Agreement. You must provide Bamboo with a valid credit card which will be used to charge membership dues each month on the day that this Agreement is executed. In the event this Agreement is executed on the 29th, 30th, or 31st, then in months that have fewer than 31 days, Bamboo will charge your dues on the last day of that month, or the recurring day of the month based on your initial start date. You hereby authorize Bamboo to charge and/or place a hold on your credit card or debit card with respect to any charges for Services based upon the fee schedule in effect. This Agreement is to be accepted as authorization to the issuer of the credit card or debit card to that effect. If payment is denied by the card issuer or Paypal, whichever applies, you will pay an additional charge of $50 late charge per incident. If you do not pay the monthly dues together with the late charge within five business days of being notified by Bamboo, then Bamboo may immediately terminate this Agreement and cancel your membership and cease providing the Services and access to the Premises. You shall be liable to Bamboo for all costs and expenses including but not limited to, attorney fees in Bamboo’s enforcement and/or collection of amounts due under this Agreement.

EXPECTATIONS

Comply with all laws and not use any Services for any unlawful purpose.

Follow our Code of Conduct policy that is provided alongside this membership agreement. Treat other members with courtesy and respect and use the space in a professional manner. This means to use an appropriate level of voice, be courteous with phone calls, be aware of noise when watching videos and listening to music, and mind your guests.

Treat the Premises with courtesy and respect. Please clean up after yourself, discard trash and recyclables in the appropriate containers, turn off the lights if you are last to leave, and do not abuse printing privileges and Internet access.

Secure the space. Do not leave doors unlocked or propped open without permission from Bamboo. Take care not to lose your access keycard and notify Bamboo immediately if you lose or misplace your access keycard.

Only allow guests in the space when you are present and to only permit reasonable guest access. All of the Rules that apply to you also apply to your guests and ultimately you are responsible for each person you allow on the Premises.

Sleeping is not allowed on the Premises.

No weapons of any kind are allowed on the Premises.

Alcohol is only allowed with permission from Bamboo.

Compliance with all Rules promulgated by Bamboo from time to time.

Pets are not allowed at our Washington Blvd location

TERMINATION/CANCELLATION

Bamboo reserves the right to immediately terminate your access to the Premises at any time with notice. Bamboo further reserves the right to terminate your participation in and use of any Services if you have breached the terms of this Agreement, which is within Bamboo’s sole discretion. If Bamboo elects to terminate this Agreement because of your breach then you will be responsible for all damages, including the amount of any remaining contract term. If you have not breached this Agreement and Bamboo decides to terminate this Agreement, then Bamboo will refund only the prorated portion of the monthly dues for the remaining months of your contract. If you choose to cancel your membership you remain responsible for 100% of the remaining contract balance even if you chose not to use any Services.

CONFIDENTIALITY

Because Bamboo is a shared co-working environment with many members we ask that you follow a confidentiality policy. You acknowledge and agree that during your participation and use of the Services, you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Bamboo, or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.

Confidential Information includes, but not limited to, information about a member’s business, sales, operations, know-how, trade secrets, technology, products and financial information. Your participation in and/or use of the Services obligates you to (i) Maintain all Confidential Information in strict confidence; (ii) Not to disclose Confidential Information to any third parties; (iii) Not to use the Confidential Information in any way directly or indirectly detrimental Bamboo or any participant or user of the Services. All Confidential Information remains the sole and exclusive property of Bamboo or the respective disclosing party.

USE OF SERVICES/LIMITATION OF LIABILITY

You agree and understand that Bamboo is not responsible for the loss of, damage to, or theft of any property brought to or left at the Premises. Please secure all of your belongings and ask if you need locked storage facilities. You agree and understand that use of the Premises and the Services may expose you to certain risks, including accidents and injury, and you assume all risks of injuries associated with the use of the Premises. You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Bamboo 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. 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 Bamboo or its subsidiaries, affiliates, officers, agents, shareholders, members, representatives, employees, successors and assigns (the “Bamboo Affiliates”) under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance, provided, however, notwithstanding anything contained herein to the contrary, Bamboo’s total liability to you for any claims whatsoever is limited to the amount paid by you to Bamboo under this Agreement. In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall the Bamboo Affiliates be liable to you or any other party for any special, indirect, consequential, incidental or penal damages, including, but not limited to, loss of profit or revenues, services or down time costs. The foregoing shall apply even if Bamboo shall have been advised of the possibility of such damages.

INDEMNIFICATION

You release, and hereby agree to indemnify, defend and save harmless the Bamboo Affiliates, 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 or the Premises. You further agree in the event that you bring a claim or lawsuit in violation of this Agreement, you shall be liable for any attorneys’ fees and costs incurred by the Bamboo Affiliates in connection with the defense of such claim or lawsuit.

INSURANCE

Bamboo will carry liability and Business Personal Property insurance for its property. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using the Premises. That policy may cover our current residence/office, as well as the Premises of Bamboo.

MISCELLANEOUS

You agree that this Agreement is not a rental agreement and that it does not confer any property interest in the Premises.

In the event that any provision in this Agreement is invalid or unenforceable, the remaining provisions shall remain in full force and not be affected.

This Agreement may be executed in multiple counterparts and is to be construed as a contract under the laws of the State of Michigan. Signatures of this Agreement which are transmitted electronically shall be valid for all purposes. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing, signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act, or default.

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns.

With exception of payment terms, this Agreement is retroactive to the date of my original occupancy of the Premises. I have read the above terms and conditions and agree to be bound by this Agreement regarding my participation and use of the Premises.

Cobot Terms and Conditions

Cobot is the web platform used by Bamboo Detroit to provide this website.

Terms of Service Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. Cobot may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Cobot service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

Description of Service Cobot is an application to manage coworking spaces (the "Service") from Upstream - Agile GmbH ("upstream). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. upstream disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. upstream also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

Personal Use The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. upstream reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by upstream; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. upstream reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Content of the Service upstream takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does upstream have any obligation to monitor such third party content. upstream reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. upstream also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of upstream, its users and the public. upstream will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Intellectual Property Rights upstream’s Intellectual Property Rights. You acknowledge that upstream owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "upstream Rights"), and such upstream Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The upstream Rights include rights to (i) the Service developed and provided by upstream; and (ii) all software associated with the Service.

Your Intellectual Property Rights upstream does not claim any ownership in any of the content that you upload, transmit or store in your Cobot account. We will not use any of your content for any purpose except to provide you with the Service.

Representations and Warranties You represent and warrant that (a) all of the information provided by you to upstream to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Privacy As a condition to using the Service, you agree to the terms of the Cobot Privacy Policy as it may be updated from time to time. upstream understands that privacy is important to you. You do, however, agree that upstream may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Cobot Privacy Policy.

Account Inactivity After a period of inactivity, whereby a user fails to log in to an account for a period of nine months, Cobot reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.

Privacy As a condition to using the Service, you agree to the terms of the Cobot Privacy Policy as it may be updated from time to time. upstream understands that privacy is important to you. You do, however, agree that upstream may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Cobot Privacy Policy.

Termination; Cancellation You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to upstream at https://Cobot.me/pages/imprint; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Cobot may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless upstream has previously canceled or terminated your use of the Services (in which case subsequent notice by upstream shall not be required), upstream will notify you via email of any such termination or cancellation, which shall be effective immediately upon upstream’s delivery of such notice. Sections 3, 4, 5, 7, and 9 – 11 of the Agreement shall survive expiration or termination.

Indemnification You agree to hold harmless and indemnify upstream, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, upstream will provide you with written notice of such claim, suit or action.

Choice of Law; Jurisdiction These Terms of Use will be governed by and construed in accordance with the laws of the State of Germany, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Germany, and you consent to the jurisdiction of such courts.

back