[Updated 11/13/2018]


Our Members have access to:

  • High-speed Internet

  • Complimentary Coffee + Snacks

  • Conference Rooms available by the hour

  • Admission to member-related events and workshops

  • Breakroom

  • Printers + Paper + Other Resources

  • Interior Bike Racks

  • Large common area access, weekdays between 8a-6p

  • Additional perks for Dedicated and Studio Members

Membership Agreement Terms

PAYMENT.

All initial membership payments are due on the date the membership begins--this includes, but is not limited to monthly, re-activated, and day pass memberships. Monthly membership renewals and other recurring and/or agreed upon add-on charges are due on the first day of each month thereafter. Elevator Factory accepts all major credit cards for payment, and uses a secure autopay system to process all recurring or additional monthly membership charges through an automated membership portal, currently named ShareDesk. Charges will be processed automatically each month through the month of effective membership termination. Elevator Factory reserves the right to charge late fees of 10% of the amount due for any payments which are delayed or denied. Elevator Factory also reserves the right to change to a new software provider, at which time the member would be notified via the member’s email on record.

MEMBERSHIP PERIOD.

All memberships are for a calendar month, beginning on the date of payment, and are automatically renewed on the first day of each month until terminated in accordance with the terms of this Agreement. Part-time Memberships are never pro-rated. Full-time and Dedicated Memberships may be prorated at the beginning of a membership based upon start date. As memberships are for a calendar month, any occupancy of the space beyond the first day of the month constitutes an agreement to all fees associated with the use of the space. Membership cancellations must be made in writing to Elevator Factory at timeandspace@elevatorfactory.com at least 30 days prior to desired termination date, for example, notice must be given October 31st to terminate membership on November 30th.


Terms of Use

The following Terms of Use (the “Terms”), together with the foregoing provisions of the Membership Agreement regarding “Membership Features”, “Payments”, and ”Membership Period" and the Addenda attached hereto, constitute a single contract (“Agreement”) between Elevator Factory, LLC (“we”, “us” or “Elevator Factory”) and the undersigned person or entity (“you”). We agree to provide the services as described in this Agreement in exchange for your compliance with the following Terms and other conditions and provisions of this Agreement.

Acceptance of Terms.

You understand and accept the Terms and agree that we have the right to update the Terms and other provisions of the Agreement at any time, including the scope, nature and schedule of services provided hereunder. We will attempt to contact you to notify you of any updates within 30 days of their enactment, using the contact email provided in the Membership Agreement.


Description of Services.

Elevator Factory will provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other Services as described herein or otherwise agreed upon in writing between you and us (the "Services"). The Services at all times are subject to these Terms.


No Unlawful or Prohibited Use.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms or the other provisions of this Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair any Elevator Factory server or any network(s) connected to any Elevator Factory 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 Elevator Factory 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.
You agree that when participating in or using the Services, you will not:


a.Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
b.Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c.Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Elevator Factory Services;

d.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 you own or control the rights thereto or have received all necessary consent to do the same;
e.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;
f.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;
g.Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
h.Restrict or inhibit any other user from using and enjoying the Services;
i.Violate any code of conduct or other guidelines which may be applicable for any particular service;
j.Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
k.Violate any applicable laws or regulations;
l.Create a false identity for the purpose of misleading others;
m.Leave the space unsecured or fail to follow all security measures and policies instituted by Elevator Factory, including those relating to key cards, locks, entry systems and other measures;
n.Permit or allow guests or other third-parties to access the space except in compliance with the access and security measures and policies set forth herein or otherwise established by Elevator Factory; or
o.Fail to comply with any reasonable request or instruction from Elevator Factory staff, including without limitation, instructions to vacate the space after established office hours or as may be necessary to accommodate special events and services.

Disclosure of Your Information.
We reserve the right at all times to disclose any information about you, your participation in and use of the Services as Elevator Factory 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 Elevator Factory's sole discretion.

Confidentiality and Security.

a.You acknowledge and agree that during your participation in 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 Elevator Factory or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.

b.Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, Services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Elevator Factory, any analyses, compilations, studies or other documents prepared by Elevator Factory or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.

c.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 to Elevator Factory or any participant or user of the Services.

d.All Confidential Information remains the sole and exclusive property of Elevator Factory or the respective disclosing party. You acknowledge and agree that nothing in these Terms 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 or proprietary rights of Elevator Factory or any participant or user of the Services.

e.You acknowledge that Elevator Factory does not provide any security measures protecting your person or your property other than limited staff on site during normal business hours. You understand that the Elevator Factory premises are available to all persons, without screening or risk assessment, and as such are public spaces. You should maintain individual diligence and care as to your person and your property to the same extent you would in any other public place.

f.You acknowledge that Elevator Factory may or may not install or monitor security cameras within or outside the premises. In the event security cameras are installed, however, you understand that all areas within the premises (excluding only the interior of the restrooms) may be subject to surveillance and, thus, that you should have no expectation of privacy and should conduct yourself in the same manner as if you were in a public place.

g.You agree to utilize properly and diligently all locks and other security devices made available to you or otherwise prescribed in this Agreement or policies subsequently issued or published by us.

h.Each member will have secure, keyless access to the space in the form of a key fob, key card, or optional smartphone app . If the key card or key fob is lost by member or not returned to Elevator Factory upon termination of membership, member will be charged a $25.00 replacement fee.

Participation In or Use of Services.

You acknowledge that you are participating in or using the Services at your own risk, with full understanding of the risks. You acknowledge that Elevator Factory 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, and you agree to indemnify and hold harmless Elevator Factory, its officers, directors, employees and agents from and against any and all claims, liabilities and expenses arising out of or in connection with the Services, excluding only gross negligence or intentional wrongdoing on behalf of those indemnified parties.

Disclaimer of Warranties.

We are providing the Services on an "as is" “where is” basis, with all faults, and hereby disclaim with respect to the Services all warranties and representations, whether express, implied or statutory, including, but not limited to, any warranties, duties or conditions of or related to merchantability and fitness for a particular purpose. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. You assume all risk regarding the quality, nature or suitability of the Services.

Exclusion of Incidental, Consequential and Certain Other Damages.

To the maximum extent permitted by applicable law, in no event shall Elevator Factory 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 the 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 Elevator Factory, and even if Elevator Factory has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.

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 Elevator Factory 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 the Terms shall be limited to actual damages incurred by you in an amount not to exceed ten dollars ($10.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Early Termination.

Elevator Factory reserves the right to terminate any Service at any time. Elevator Factory further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the Terms.

Indemnification.

You release, and hereby agree to indemnify, defend and save harmless Elevator Factory and Elevator Factory's 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 attorneys' fees and costs incurred by Elevator Factory 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 the Terms is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of the Terms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Insurance.

Elevator Factory will not carry any insurance protecting any of your property. We recommend that you carry a renter’s policy or other insurance to cover your loss or damage to your property, including the risk of theft or other loss caused by other users of the Services.

Right to Amend.
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services that we in our sole discretion deem to be reasonable in the circumstances, such as on our website or any newsletter, email or other communication.

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 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.

ADDENDUM II

Rate Schedule and Payment Terms

Membership Levels

Day Pass ($15 per day) has access to designated common areas for one calendar day, during normal business hours.

Part Time ($100 per month) has access to designated common areas up to eight (8) days per calendar month, during normal business hours. In addition, one (1) hour of conference/meeting room space may be booked during normal business hours.*

Full Time ($200 per month) has access to designated common areas, up to five (5) days per calendar week, during normal business hours. In addition, two (2) hours of meeting/conference room usage per month is included.*

Dedicated Desk ($300 per month) has 24/7 access to Dedicated Desk. Furniture package includes 48” Desk and Task Chair with casters. In addition, two (2) hours of meeting/conference room usage per month is included.*

Studio Office ($800 per month for one person studio) has 24/7 access to Studio Office. Furniture package includes choice of, Task Chair with casters, and Kernel Shelves with Elfa wall bracket system. In addition, Studio Office Members have access to four (4) hours of meeting/conference room usage per month.*

* Meeting/conference rooms must be reserved through staff, and reservations are based on availability. Meeting/conference room allocations do not accrue or roll over from month to month.

Studio Office member fees are based upon single occupancy. Each additional person must pay for Full Time membership @ $200 per month, and receives all benefits of Full Time membership.No more than 3 members may occupy a Studio Office.

Studio Office members may not bring in furniture from outside, unless pre-approved in writing by Elevator Factory

Additional Services/Benefits

  • Conference/Meeting Rooms $15 per hour (members) / $25/hour (non-members)

  • Lockers $15 per month

  • Mail Service (available to Dedicated Desk and Studio Office Members) $10 per month, Additional Office Shelves (available to Studio Office Members) can be added for a one-time installation fee of $50/shelf.

Elevator Factory reserves the right to update, change, discount, or increase the pricing to any of our Membership Plans at any time. Should the fees associated with your account be modified, written notice at least 15 days prior to the effective date will be sent to the email address associated with your account. Your continued use of the space and services beyond the effective modification date constitutes your agreement to such fees.

Payment Terms

Upon commencement of membership, all Members will be required to grant Elevator Factory in writing the authority to automatically charge a major credit card, or debit a bank account via ACH transfer, on the first (1st) day of each month for all membership fees and other charges due under this Agreement. You hereby waive any right to cancel, reject or contest any such charge or debit except in the event such charges are in violation of the terms of this Agreement, and you acknowledge that any such action on your part to withhold payment or request a “chargeback” from your credit card issuer shall constitute a breach of this Agreement entitling Elevator Factory to damages. You also acknowledge that your membership shall be automatically renewed, and fees properly incurred, until such time as you stop the automatic monthly renewals by providing notice of termination in accordance with the terms hereof.

Cancellation of Membership

You acknowledge and agree that your membership shall automatically renew on the first (1st) day of each calendar month, and your membership fee will be incurred and non-refundable for that month, unless you terminate the membership by providing written notice to Elevator Factory at timeandspace@elevatorfactory.com no later than the last day of the preceding month (i.e. notice must be given on October 31st to terminate membership on November 30th). In essence let us know the month before your last month of membership if you wish to cancel a membership plan. Day Pass memberships shall not automatically renew and no notice of termination is required.

ADDENDUM III

Member Benefits and Code of Conduct

Normal Business Hours are Monday – Friday, 8:00 a.m. – 6:00 p.m. Elevator Factory reserves the right to adjust the normal business hours to accommodate special events on the premises, including from time to time ending normal business hours no earlier than 4:00 p.m. Members will be notified 48 hours in advance of any early closing.

High Speed Internet is provided for members of Elevator Factory. All members have access to wireless internet. Dedicated Desk and Studio Office members also have access to wired internet.

Meeting/Conference Rooms are available for members to reserve, subject to availability, and room capacity. Fees charged are dependent upon the room, and are paid at the time of reservation. All fees for Meeting/Conference Rooms are non-refundable, unless cancelled 24 hours in advance of reservation.
Member Events and Workshops will be offered to all members. These might include art openings and experiments, classes and intensives, innovation facilitation, health and wellness workshops, networking and social events, and the ever-popular, completely surprising other category.

Members can enjoy complimentary Coffee + Snacks during morning hours, first-come, first-served. Break rooms are available for members to use, and include full size refrigerators. It will be the members’ responsibility to remove all personal items from the break room area on Friday by 6:00 p.m. Any items left in the break room after this time will be disposed of by the cleaning service.

A printer will be available for members use.

You may elect to receive mail and packages at our address. If so, we will accept mail and deliveries on your behalf during regular business hours. We have no obligation to store such items for longer than seven (7) days of our receipt or mail received upon termination of your membership.

Lockers may be rented, subject to availability, for $10 per month. Members must provide their own locks. It is the responsibility of each member to remove locks prior to expiration or termination of membership. Immediately upon expiration or earlier termination of a membership, Elevator Factory shall have the right to forcibly remove any lock installed on the locker of such member. In addition, Elevator Factory shall have the right, immediately upon expiration or earlier termination of any membership, to remove and dispose of any member property remaining in the locker, without any obligation therefore as a bailee or otherwise. You hereby waive and release Elevator Factory from and against any and all claims relating to entry into your locker and disposal of the contents thereof following expiration or termination of your membership. Members shall not use lockers for any unlawful purpose, and storage of perishables, hazardous, flammable, explosive or other inherently dangerous material is strictly prohibited.

Additional File Cabinets, Desk Drawers, Lamps, Chairs and Shelves are available. Please inquire as to price and availability.



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