Workbar reserves the right to change the TOU from time to time.
All persons associated with this account agree to abide by and will be held to the TOU outlined below.
1. No Unlawful or Prohibited Use. The Services will not be used for any purpose that is unlawful or prohibited by these TOU, or by law, or by the TOU of any affiliated entity. You further agree to respect the property and work environment of the other members to the best of your ability. Workbar reserves the right to remove members that are being disruptive or who intrude on the privacy of other members.
2. Disclaimer of Warranties. Workbar provides the Services “as is” and hereby disclaims with respect to the Services all warrantees and conditions of or related to: merchantability or fitness for a particular purpose. Also, there is no warranty, duty or condition of title, quiet enjoyment or quiet possession. The entire risk as to the quality arising out of the participation in, or the use of, the Services remains with you.
3. Exclusion of Incidental, Consequential and Certain Other Damages. In no event shall Workbar and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or 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, personal injury, business interruption, loss of data, loss of privacy, failure to meet any duty (including of good faith or 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 if Workbar has been advised of the possibility of such damage.
4. Termination. Workbar reserves the right to terminate any Service by providing 10 days prior notice to the Workbar membership contract cancellation notice period. If a Service is terminated Workbar will refund any collected payment for which service is not being provided. Workbar further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with these TOU.
5. Indemnification. You release, and hereby agree to indemnify, defend and save harmless Workbar 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, wilful 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 Workbar or its respective officers and agents in connection with the defence of such claim or lawsuit.
6. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts. In the event any disagreement should arise between the parties, whether as to the interpretation or operation of this Agreement, or any rights or obligations therein, such disagreement shall be settled under the final and binding arbitration rules of the American Arbitration Association.
7. Orientation. Members will receive an orientation which will include all materials needed to activate their membership. Memberships are not considered valid until you meet with us in person. Members may be provided an access card for Workbar's locations depending on their membership type. Members who lose their access cards may be charged a replacement fee.