Grandfathered Part-timer (10 Drop-Ins) Terms & Conditions

PAYMENTS AND MEMBERSHIP

This deposit covers the entire period of membership you selected and will be charged today at checkout. This deposit is non-refundable unless your membership is declined (see below), in which case we will refund 100% of your payment. Recurring membership dues will be charged on the 1st of the relevant month, and no partial refunds will be issued if you choose to stop visiting BIG in the middle of the month. To request a refund due to extenuating circumstances please reach out. To cancel your membership visit www.cobot.me

BIG is a carefully curated group of collaborators. In order to foster the best mix of professionals, we need to approve all memberships. We also reserve the right to revoke any membership or decline to renew a membership. If we cancel your membership we will refund any unused portion of your fees.

VISITING THE BUILDING INDUSTRY GATHERING (BIG)

Meeting Rooms. You will be entitled to use meeting rooms in our locations during regular business hours on regular business days, all subject to availability. If your membership type allows 24/7 access, you may use available meeting rooms outside of business hours at no charge. Meeting rooms may be booked through our online portal where current hourly and daily meeting room fees will be posted. Meeting room fees may be subject to change from time to time.

Mail. Certain memberships allow you to receive mail and packages at BIG Oakland. If you have done so, we will accept mail and deliveries on your behalf during such location’s regular business hours on such location’s regular business days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages after your terminate your membership. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages.

Security. For security purposes, we may regularly record video at entries. Each time you visit you must check-in. If visiting outside business hours, such check-in will occur automatically as you use your fob. If visiting during business hours, kindly check-in via Cobot or with our receptionist. This keeps everyone safe, and also allows us to better understand how our space is used so we can keep refining BIG.

We are not a landlord and you are not a renter. Notwithstanding anything in these terms of service to the contrary, these terms of service in no way shall be construed as to grant you any title, lease, easement, lien, possession or related rights in our business, our locations or anything contained in our locations. This agreement creates no tenancy interest (including any security of tenure), leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship.

LIABILITY & INDEMNIFICATION

Property. We are not responsible for any property you may leave behind in one of our locations. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving.

Damage. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our locations and items therein caused by you or your guests.

We are not liable for actions of our users. We do not control and are not responsible for the actions of users on or of our services or at our locations. We do not perform background checks on our users. We do not endorse, support or verify the facts, opinions or recommendations of our users.

Limitation of Liability. To the extent permitted by law, our total liability for any loss whether in contract, tort (including negligence), breach of statutory duty or otherwise, including for any breach of implied warranties or conditions, is limited to the amount you paid us to use the services to which the loss relates.

You agree to hold us harmless. You agree to indemnify and hold harmless us, our officers, directors, employees, agents, representatives and affiliates, and our third party providers and partners (including the owners of the locations for our locations), from any claims, damages, losses, costs, reasonable attorneys’ fees or other expenses that arise directly or indirectly out of or from your violation of the terms of service, your use of our services, or any information, content or materials contained, displayed or available therein, by you or any other person accessing them under your authorized access methods, your violation of the rights of any third party or your submissions, except in each case to the extent any of the foregoing arises directly out of our gross negligence or willful misconduct.

GENERAL PRIVACY NOTICE

By proceeding to use our services you consent that:

(i) we may collect personal information about you in a variety of ways. Collected information may include information that may be provided by you in the initial sign-up process or during your membership, and information that may be gathered from our security cameras located on the premises. Note that you are not obligated to provide us with personal information and any information collected by us will be provided by you at your own will;

(ii) we may collect, use, store and transfer the information in accordance with applicable laws for various purposes, including facilitating the services, performing accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations, and to enforce or manage legal claims;

(iii) we may also transfer the personal information collected by us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third party services providers and our affiliates for the foregoing purposes. Some of these transferees may not be located in your country, and therefore your information may be transferred to countries that may or may not guarantee a level of privacy and data protection that is equivalent to the level of privacy and data protection set by the laws in your country;

ADDRESSING DISPUTES

These terms of service and any dispute arising out of these terms (including any non-contractual disputes) will be governed by and interpreted according to the laws of the State of California, without giving effect to its principles or rules of conflict of laws.

Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Nothing in this agreement shall prevent either party from seeking remedies in small claims courts of competent jurisdiction, or from seeking injunctive relief in any court of competent jurisdiction.

Class Action Waiver. Any proceedings to resolve or litigate any dispute subject to arbitration under section 45 will be conducted solely on an individual basis. Neither you nor we will seek to have any such dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written

Updated: November 14, 2017


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