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Legal Agreement: Terms of Service

SOAR CO-Working

at Tampa Palms Professional Center

License Agreement

 

Checking the “I Agree To the Terms and Conditions” box constitutes acceptance of these Terms of Use and Rules and Regulations.

Terms of Use

  1. Acceptance of Terms.
    The services provided by Tampa Palms Professional Center, LLLP DBA SOAR Co-Working at Tampa Palms Professional Center. (“SOAR”) are for the use of office space at 17425 Bridge Hill Court, Suite 100, Tampa, FL 33647, and access to the internet, and other services offered and recorded through the Client's online account. All services contained in this license are subject to the following Terms of Use (“TOU”), Payment and Cancellation Policy, and the Rules and Regulations. SOAR reserves the right to modify and/or update the TOU, the Rules and Regulations, and the Payment and Cancellation Policy at any time without notice to the Client.
  2. Description of Services.
    SOAR may provide you “Client” with a license to access office space, workstations, internet, office equipment, conference space, knowledge resources, and other services as SOAR may offer from time to time according to Client’s requested services (collectively, “Services”). The Services at all times are subject to this TOU, the Payment and Cancellation Policy, and the Rules and Regulations.
  3. License Fees. Beginning on the Client’s Start Date, and continuing for the term of the License, Client shall pay, in advance, the monthly license fee. The License Fee shall be due on or before the 1st of each month, provided that if the Client Start Date is in the middle of the month, then on such date Client shall pay the pro rata portion of the Licensee Fee for the remainder of that month. All Licensee Fees shall be paid in U.S. dollars. All amounts paid under the License are nonrefundable and noncancellable, except as expressly provided herein. When SOAR receives funds from Clients, funds shall be applied first to any balances that are in arrears and to the earliest month due first. Once past balances are satisfied, any remaining portion of funds received shall be applied to current fees due and owing.
  4. Other Fees. A ten percent (10%) late fee will be charged for any outstanding balance as of the 5th of the month, in addition to any other remedy SOAR may have. Client may be subject to additional fees or penalties for late payments, returned checks, or other declined payments due to insufficient funds, all fees are subject to change from time to time at the discretion of SOAR.
  5. Software. To receive certain Services (including but not limited to access to the space, network, shared printing, etc.), Client may be required to install on Client phone and/or computer certain drivers or software tools (collectively, “Software”). Client acknowledges and agrees that software may be owned, controlled, or provided by third parties, and that the installation or use of any Software may be subject to separate licenses, terms, conditions, or restrictions. SOAR provides no warranties concerning Software (even if provided by or through SOAR), and as a condition of use of the Software, Client, on behalf of Client self and Client employees, agents, and invitees, waives any claim against SOAR, its affiliates, and any person acting on behalf of SOAR or its affiliates arising from or in conjunction with the installation or use of such Software.
  6. Maintenance. SOAR will use commercially reasonable efforts to maintain the common areas in good functional condition. Private office users shall maintain their space in a clean condition at all times. Client shall be responsible for and will indemnify SOAR and its affiliates for, any damage exceeding normal wear and tear caused by Client and for the acts and omissions of Client employees, agents, or invitees.
  7. SOAR Access. Client acknowledges that SOAR and its designees shall at all times have access to the Client space, with or without notice to Client, including but not limited to for purposes of maintenance, safety, or emergency. SOAR may temporarily move Client space and furniture, and remove or replace parts and components of the Client space, at SOAR’s sole discretion.
  8. License Only. Notwithstanding anything to the contrary, the License is for Client to receive Services and access to the Client space. The relationship between SOAR and Client is that of a licensor and licensee and not a landlord-tenant or lessor-lessee relationship. The License shall not be construed to grant Client any right, title, interest, easement, or lien in or to SOAR’s business, Client space, the Premises, or anything contained therein. Client acknowledges that the License creates no tenancy interest, leasehold estate, or other real property interest in Client's favor.
  9. Parking. Client shall have the nonexclusive right to use the parking area serving the Premises that is designated by SOAR per the following use restrictions: Client may utilize one (1) parking space per desk associated with the License. Parking is not to be used for overnight parking of vehicles. Neither SOAR nor Tampa Palms Professional Center take responsibility for vehicles parked on site or items stored in vehicles.
  10. Term. The initial term will commence on the Start Date and shall automatically renew monthly until either SOAR or Client terminates the license by providing the non-terminating party with notice of non-renewal, which will cause the license to expire as of the last date of the calendar month in which the notice of non-renewal is received.
  11. Background Checks. SOAR reserves the right to conduct a background check on any or all of Client’s, owners, officers, employees, agents, and invitees who will be granted access to the Premises (particularly if Client desires after-hours access). Client and any representative using the space are providing consent for such background check by signing this License.
  12. Termination. SOAR may terminate the License in its sole discretion, immediately and with or without notice to Client if Client or any of Client's agents, employees, or invitees violates any provision in the License or any SOAR rules, policies, or codes of conduct. If Client fails to pay any fee when due if it is Client's first delinquency, SOAR will send Client a written notice of the delinquency, and Client will have five (5) days from the date of such notice to cure the delinquency by paying all amounts owed (including late fees and finance charges, if applicable). For any subsequent delinquency, SOAR may terminate the Client's license immediately. Upon termination, Client agrees to immediately remove any and all of Client's personal property from the Premises. SOAR shall be entitled to dispose of any property remaining in or at the premise after the termination of the License, without notice to Client (whether belonging to Client or Client employees, agents, or invitees), and Client waive any claims or demands regarding such property.
  13. Effect of Termination. Following termination or expiration of the License for any reason, Client shall remain liable for all amounts due or owing as of the effective date of termination or expiration. Without limiting the foregoing, if the License is terminated before the Earliest Expiration Date, the Client will remain liable for all fees payable through such date.
  14. Security. Client acknowledges that all keys, key cards, key fobs, and other such items used to gain physical access to the building and/or the Client Space remain the property of SOAR or its landlord or the owner of the Premises (“Third-Party Landlord”). Client shall not attempt to (or allow others to) gain unauthorized access to any computer systems located at or serving the Premises or any content or data of SOAR, other Clients, or any other person. Client shall make efforts to safeguard the Premises and SOAR’s property and shall be liable for replacement fees should any such property be lost or damaged. Client is solely responsible for maintaining all necessary security and control of any and all user names, passwords, or any other credentials issued to or used by Client or its employees and agents for use with SOAR’s computer systems, networks, or other Services provided under the License. Client is responsible for the actions of all persons that Client or its employees, agents, or invitees allow or invite to enter the Client Space or the Premises. Client and its employees, agents, and invitees acknowledge that at no time shall they allow a party unknown to them to enter the Client Space or the Premises and that such action may result in the termination of the Agreement.
  15. Rules and Policies. Additional rules may be set forth in such other policy documents. Client agrees to abide by all rules and policies, including those set forth in the Agreement, as determined by SOAR from time to time, whether communicated to Client verbally, by email, other written notice, or public posting. SOAR may add, delete, or amend its policies from time to time in its sole discretion.
  16. Unlawful or Prohibited Use. As a condition of Client's use of the Services, Client will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, or that are prohibited by the “Rules and Regulations,” attached to this TOU. Client may not use the Services in any manner that could damage, disable, overburden, or impair any SOAR facilities, equipment, or interfere with any other party’s use and enjoyment of any SOAR Services. Client may not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any SOAR server or any of the SOAR Services, through hacking, password mining, or any other means. Client may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Client hereby represents and warrants that Client has all requisite legal power and authority to enter into this License and abide by the terms and conditions of this TOU (and all Rules and Regulations) and no further authorization or approval is necessary. Client further represents and warrants that Client participation or use of the Services will not conflict with or result in any breach of any license, contract, License, or other instrument or obligation to which Client is a party. In addition to any other applicable rules and policies issued by SOAR, the Client agrees to the following terms and conditions:
    1. No Assignment.Client may not resell, lease, license, or distribute any of the Services to any third party.
    2. No Alterations. Client shall not alter the Client Space or attach or affix any items to the walls without the prior written consent of SOAR.
    3. No Unapproved Items. Client shall not store any of its property or materials in common areas or hallways. Client shall not bring additional furniture, furnishings, or decorations into the Client Space or install satellite or microwave antennas, dishes, cabling, or telecommunications lines in the Client Space without the prior written consent of SOAR, which consent SOAR may grant or refuse in its sole discretion. Client acknowledges that carts, dollies, and other freight items may not be used on the premises except with SOAR’s sole discretion.
    4. No Retail Use. Client is entitled to use the Client Space solely as general office space in the conduct of Client’s business and for no other use whatsoever. Use of the Client Space for retail, medical, or other type of business involving frequent visits by Clients of the public is not permitted. Regular use of the Client Space shall be limited to those persons subject to background checks as set forth in the Agreement.
    5. Prohibited Activities. Client may not use the Premises, or any Services to conduct or pursue:
      1. any illegal activities, including but not limited to illegally downloading any copyrighted content or any other activity that violates any person’s intellectual property rights.
      2. use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spamming or any duplicative or unsolicited message (commercial or otherwise);
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  1. Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information on or through SOAR servers or bandwidth;
  2. 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 Client own or control the rights thereto or have received all necessary consent to do the same;
  3. 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, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • Download any file(s) that Client knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed;
  1. Restrict or inhibit any other user from using and enjoying the Services;
  2. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
  3. Violate any applicable laws or regulations;
  • Create a false identity to mislead others;
  • Obstruct any entranceway, create any circumstances of disrepair, or damage any SOAR Property or Premises;
  • Otherwise, exceed the following usage limitations concerning the shared conference space: Clients may not have more than 3 hours of usage in a Day. All monthly allotments of conference space usage included with any Agreement, as well as purchases of additional usage, are subject to availability of the conference space. Unused time does not roll over or accrue from month to month.
  1. Client Directory. Client agrees that SOAR may place Client’s name and contact information in a directory of SOAR Clients.
  2. Release. Client acknowledges and agrees that photos and videos may be taken of the Premises by SOAR or its representatives at any time, that Client’s name, likeness, image, voice, and/or appearance may appear on such content, and that SOAR may use any such content for its advertising, marketing, promoting or other similar uses. Client, on its behalf and on behalf of its employees, agents, and invitees, hereby grants to SOAR the absolute and irrevocable right and unrestricted permission to use Client’s name, likeness, image, voice, and/or appearance as such may be embodied in any photos, video recordings, audiotapes, digital images, and the like, taken at the Premises. Client agrees that SOAR has complete ownership of such material and can modify, reproduce, display, or otherwise disseminate such material, or use such material for any purpose, without any obligation of compensation to Client. Client and its employees, agents, and invitees each hereby release and discharge SOAR and its agents, representatives, and assignees from any and all claims and demands arising out of or in connection with the use of the name, likeness, image, voice, or appearance of Client or any of its employees, agents, or invitees, including any and all claims for invasion of privacy, right of publicity, misappropriation, misuse, and defamation. Client represents and warrants that each of its individual employees, agents, and invitees has agreed to the same release concerning their name, likeness, image, voice, and appearance.
  3. Waiver of Claims. To the maximum extent not prohibited by law, Client, on its behalf and on behalf of its employees, agents, and invitees, waives any and all claims and rights against SOAR, its affiliates, and each of its and their past, present and future principals, Clients, assignees, managers, directors, officers, employees, agents, successors, and assigns (collectively, “SOAR Parties”) resulting from any injury or damage to, or destruction, theft, or loss of, tangible or intangible property. The SOAR Parties shall not be liable for any damages, liabilities, or expenses of any kind resulting from such matters, regardless of whether such damages, liabilities, or expenses result from any active or passive act, error, omission, or negligence of the SOAR Parties. Client will be solely responsible to maintain appropriate insurance and providing coverage for the Client, its employees, officers, agents and invitees. For the purposes of the Agreement, “affiliates” of SOAR include any person or entity that controls, is controlled by, or is under common control with SOAR, including without limitation any subsidiaries or parent companies.
  4. Disclaimer of Warranties. SOAR expressly disclaims and excludes all warranties, whether express, implied, or statutory, with respect to the Client Space and the Services provided by or on behalf of SOAR, including but not limited to any warranty of merchantability, fitness for a particular purpose, non-infringement, habitability, or quiet enjoyment, or any warranties that may have arisen or may arise from course of performance, course of dealing or usage of trade. SOAR makes no representations or warranties regarding the quality, reliability, timeliness, or security of the Client Space or any Services provided by or on behalf of SOAR, or that any Services will be uninterrupted or operate error-free. The Client Space and Services provided by SOAR are provided “as is” and “with all faults.”
  5. Limitation of Liability. The aggregate monetary liability of the SOAR Parties to Client, its employees, agents, and invitees for any reason and for all causes of action, whether in contract, in tort, or otherwise, will not exceed the total fees paid by Client to SOAR under the Agreement during the two (2)-month period before the cause of action accrued. The SOAR Parties will not be liable under any claim or cause of action, whether in contract, in tort, or otherwise for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits or business interruption, even if SOAR has been advised of such damages. Client acknowledges that SOAR’s obligations under the Agreement are consideration for the foregoing limitations of liability. The limitations, disclaimers, and exclusions in the Agreement shall apply to the maximum extent allowed by law, even if a remedy fails its essential purpose.
  6. Limitation of Actions. Client must commence any action, suit, or proceeding against any SOAR Parties, whether in contract, tort, or otherwise commenced within one (1) year of the cause of action’s accrual, and Client waives any claims not brought within such time period.
  7. Indemnification. Client release, and hereby agree to indemnify, defend and save harmless SOAR and SOAR’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, Clients, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses (including, without limitation, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of Client negligent actions, errors and omissions, willful misconduct and/or fraud in connection with the participation in or use of the Services. Client further agrees in the event that Client brings a claim or lawsuit in violation of this License, Client shall be liable for any attorneys’ fees and costs incurred by SOAR or its respective officers and agents in connection with the defense of such claim or lawsuit.
  8. Insurance Requirements. Client, at its expense, shall maintain at all times during the term of this License, personal property insurance, commercial general liability insurance, and insurance covering Client for property loss or damage, injury to Client, its agents, employees, or guests, business interruption, prevention of or denial of use of or access to all or part of the Client Space and/or the Premises, personal injury, and any other type of insurance which may arise due to Client’s use of the Client Space and the Premises, which insurance coverage shall be in the form and amount appropriate to Client’s business and acceptable to SOAR. Client shall name as additional insureds on any such insurance policy SOAR and/or its Landlord(s), or other persons with responsibility for the Premises whom SOAR may designate in writing to Client. Client shall provide proof of insurance upon SOAR’s request. If Client fails to carry such insurance, SOAR shall not be liable in any manner. SOAR reserves the right but shall have no obligation, to purchase required insurance on behalf of Client at Client’s expense, including any costs to SOAR related thereto.
  9. Non-Solicitation. Client will not, during the term of the Agreement and for a period of one (1) year thereafter, solicit the employment of any officer, employee, contractor, subcontractor, or service provider of SOAR, or induce any such person to decrease or terminate its business with SOAR. If Client hires any employee, contractor, or subcontractor of SOAR during the period described, Client will pay to SOAR an amount equal to such person’s annual salary or fees.
  10. Entire Agreement. The Agreement, including all schedules and attachments incorporated by reference, sets forth the entire understanding of the parties relating to its subject matter, and all other understandings, written or oral, are superseded. The Agreement will also be deemed to include all policies, procedures, and requirements published by SOAR from time to time, with which Client agrees to comply. Except as otherwise provided in the Agreement, the Agreement may not be amended except in writing and executed by both parties.
  11. Governing Law; Venue; Waiver of Jury Trial. The Agreement is governed by the laws of Florida, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing the Agreement. Any action, suit, or proceeding arising out of the subject matter of the Agreement will be litigated in courts located in Hillsborough County which the premises is located, and Client consents and submits to the jurisdiction of any local, state, or federal court in such county. EACH PARTY, BY ENTERING INTO THE AGREEMENT, HEREBY IRREVOCABLY AGREES TO WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THE SUBJECT MATTER OF THE AGREEMENT.
  12. Attorney Fees. If any action, suit, or proceeding is instituted according to or in connection with the Agreement (including without limitation to interpret or enforce it), if SOAR is the prevailing party it shall be entitled to recover from Client all of SOAR costs and expenses of any kind in connection therewith, in addition to any other relief awarded, including without limitation attorney fees and court costs.
  13. Waivers. Neither party shall be deemed by any act or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and then only to the extent specifically set forth in writing.
  14. Force Majeure. Neither party is liable for, and will not be considered in default or breach of the Agreement on account of, any delay or failure to perform as required by the Agreement (except for any obligations on Client’s part to pay any sum of money due SOAR hereunder, including without limitation License Fees, which shall remain unaffected by the provisions of this paragraph) as a result of any causes or conditions that are beyond such party’s reasonable control and which such party is unable to overcome by the exercise of reasonable diligence, provided that the affected party will use best efforts to promptly resume normal performance.
  15. Notices. All notices, requests, demands and other communications to be delivered hereunder shall be in writing and, unless specified otherwise herein, shall be delivered in person, by a nationally recognized overnight carrier, or by registered or certified mail, return receipt requested and postage prepaid, to the following addresses: if to SOAR, to SOAR, 17427 Bridge Hill Ct., Suite C, Tampa, FL 33647; and if to Client: to the address provided by Client to SOAR upon registration or otherwise. Notices shall be deemed effective as of the date of confirmed delivery. In addition to the foregoing methods, notices from SOAR to Client may also be (i) publicly posted by SOAR at the Premises or on SOAR’s website, and such notices will be deemed delivered and effective upon posting; or (ii) delivered by email to the email address provided by Client upon registration or otherwise. Notices of non-renewal by Client may, at the Client’s option, be delivered by email to the SOAR email address provided to Client upon registration or otherwise. Delivery of notices by email hereunder shall be deemed effective upon transmission. Each party may update its respective address from time to time with written notice. Client must promptly provide SOAR with any change of address and other contact information (including its phone number and email address). Client agrees to accept community-wide emails sent out to all Clients by SOAR from time to time, which shall be the responsibility of Client to review.
  16. Updates to Agreement. Notwithstanding any other provision in the Agreement, SOAR may from time to time update the terms of the Agreement by providing at least thirty (30) days’ notice to Client. Client acknowledges that Client’s continued use of the Client Space and/or Services beyond such thirty (30)--day period shall constitute acceptance of the new terms. In addition, License Fees are subject to change from time to time in SOAR’s sole discretion upon thirty (30) days written notice (which notice may be by public posting or email). Client acknowledges that SOAR may serve notice of any changes to Services, fees, or other updates through community-wide emails sent out to all Clients or through notices posted on the Premises, and Client agrees to accept and review such community-wide notices.
  17. SOAR Required Disclosures. SOAR reserves the right at all times to disclose any information about Client and/or Client's participation in and use of the Services as SOAR 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 SOAR’s sole discretion.
  18. Confidentiality. Client may receive or learn certain confidential information about SOAR or SOAR’s other Clients, including without limitation information regarding its or their business operations, business and marketing plans, pricing, technology, finances, and methods (collectively, “Confidential Information”). Client agrees to hold all Confidential Information, whether belonging to SOAR or its other Clients, in strict confidence and to take all reasonable precautions to protect such Confidential Information. Client acknowledges that any disclosure or unauthorized use of SOAR’s Confidential Information will constitute a material breach of the Agreement and cause substantial harm to SOAR for which damages would not be a fully adequate remedy. In the event of any such breach, SOAR shall have, in addition to other available remedies, the right to injunctive relief (without being required to post any bond or security). SOAR may disclose information about Client as SOAR deems necessary to perform the Services or otherwise meet its obligations under the Agreement, or to satisfy any applicable law, regulation, legal process, or government request
    1. Client participation in and/or use of the Services obligates Client to:
      1. Maintain all Confidential Information in strict confidence;
      2. Not to disclose Confidential Information to any third parties;
  • Not to use Confidential Information in any way directly or indirectly detrimental to SOAR or any participant or user of the Services.
  1. All Confidential Information remains the sole and exclusive property of SOAR or the respective disclosing party. Client acknowledges and agrees that nothing in the Shared Space Payment and Cancellation Policy, this TOU or Rules and Regulations, or Client participation or use of the Services, will be construed as granting any rights to Client, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of SOAR or any participant or user of the Services.
  1. Participation In or Use of Services. Client acknowledges that Client is participating in or using the Services of Client's own free will and decision. Client acknowledges that SOAR does not have any liability with respect to Client access, participation in, use of the Services, or any loss of information resulting from such participation or use.
  2. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOAR PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS WITH RESPECT TO THE SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED 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 CONCERNING ANY USE OF THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES, REMAINS WITH CLIENT.
  3. Exclusion of Incidental, Consequential, and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOAR OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, CLIENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY 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 LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SOAR, AND EVEN IF SOAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES THAT CLIENT MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF SOAR OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, CLIENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS UNDER ANY PROVISION OF THIS TOU AND CLIENT EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY CLIENT BASED ON REASONABLE RELIANCE UP TO ONE HUNDRED FIFTY DOLLARS (USD $150.00). THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
  5. Additional General Terms. By accepting this TOU, Client furthermore agrees to the following additional general terms and conditions:
    1. Client shall not place anything, or allow anything to be placed, in the common areas, in any, or near the glass or any window, door, partition, or wall which may in SOAR's judgment, appear unsightly from the common areas or from the outside of the building in which the Premises are situated ("Building").
    2. The sidewalks, halls, passages, exits, entrances, and stairways shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises. The halls, passages, exits, entrances, stairways, etc., are not for the use of the general public and SOAR shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of SOAR, reasonably exercised, shall be prejudicial to the safety, character, reputation and interests of the Building. Neither Client nor any of Client employees or invitees shall go upon the roof of the Buildings.
    3. The toilet rooms, urinals, wash bowls, and other apparatus shall not be used for any purposes other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and to the extent caused by Client or Client employees or invitees, the expense of any breakage, stoppage or damage resulting from the violation of this norm shall be born by Client.
    4. Client shall not cause any unnecessary janitorial labor or services because of Client's carelessness or indifference in the preservation of good order and cleanliness.
    5. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for lodging (the use of a coffee maker and microwave are, however, permitted uses).
    6. Client shall not bring upon, use, or keep in the Premises or the Building, any kerosene, gasoline, or inflammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by SOAR.
    7. SOAR shall have sole power to direct electricians to where and how telephone and other wires are to be introduced. No boring or cutting of wires is to be allowed without the consent of SOAR. The locations of telephones, call boxes and other office equipment affixed to the Premises are determined by SOAR, at its sole discretion. Note: SOAR is a WIRELESS Facility. No network or phone lines will be run for Client space.
    8. Upon the termination of Services, Client shall deliver to SOAR all keys, key fobs, and passes for offices, rooms, and toilet rooms which shall have been furnished to Client. In the event of the loss of any keys or fobs so furnished, Client shall pay SOAR $75 per item lost. Client shall not make, or cause to be made, any such keys, Client shall order all such keys solely from SOAR and Client shall pay SOAR for any additional such keys over and above the set(s) of keys originally furnished by SOAR.
    9. No furniture, packages, supplies, equipment, or merchandise will be received in the Building or carried through the hallways, except between such hours and in such hallways as shall be designated by SOAR.
    10. When accessing the Building after hours, Client shall cause all doors to the Premises to be closed and securely locked while present and when leaving the Building.
    11. Without the prior written consent of SOAR, Client shall not use the name of the Building or any picture of the Building in connection with, or in promoting or advertising Client business, except Client may use the address of the Building as the address of Client business if the appropriate form required by the United States Postal Service is completed and filed with them.
    12. Client shall cooperate fully with SOAR to ensure the most effective operation of the Premises or the Building's heat and air conditioning and shall refrain from attempting to adjust any controls.
    13. Except for SOAR's gross negligence, Client assumes full responsibility for protecting the Premises from theft, robbery, and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured.
    14. Except with the prior written consent of SOAR, Client shall not sell or cause to be sold any items or services at retail in or from the Premises, nor shall Client carry on or permit or allow any employee or person to carry on the business of machine copying, stenography, typewriting or similar business in or from the Premises for the service or accommodation of occupants of any other portion of the Building without written consent of SOAR.
    15. Client shall not conduct any auction nor permit any fire or bankruptcy sale to be held on the Premises, nor store goods, wares, or merchandise on the Premises. Client shall not allow any vending machines on the Premises without SOAR's prior consent.
    16. All freight must be moved into, within, and out of the Building under the supervision of SOAR and according to such regulations as may be promulgated by SOAR. All moving of furniture or equipment into, within, or out of the Building by Client shall be done at such time and in such manner as directed by SOAR or its agent. In no cases shall items of freight, furniture, fixtures, or equipment be moved into or out of the Building or in any common area during such hours as are normally considered rush hours to an office building; i.e., 8:30-9:30 A.M., 11:00 A.M.-1:00 P.M. and 4:00-6:30 P.M.
    17. On Weekends, federally observed holidays, and on other days during certain hours for which the Building may be closed after normal business hours, access to the Building or halls, corridors, elevators, and stairwells will be controlled by SOAR through the use of a card key system. This system will verify any and all persons seeking access to the Building through the use of proper identification to determine if they have rights of access to the Premises. SOAR shall in no case be liable for damages wherein admission to the Building has not been granted during abnormal hours because of Client failing to properly identify Client self through the use of a card-key, key fob, pin, or other electronic access systems, or through the failure of the Building to be unlocked and open for access by Client, Client employees, and the general public. Nothing contained herein shall obligate SOAR to provide such an electronic access system or to make SOAR liable for any act omission or failure of such system or the access equipment which may be provided.
    18. Client shall not change locks or install other locks on doors without the prior written consent of SOAR.
    19. Client shall give prompt notice to SOAR of any accidents or defects in plumbing, electrical fixtures, or heating apparatus reasonably known to Client so the same may be attended to properly.
    20. No safe may be installed on a wall or floor without the prior written consent of SOAR.
    21. Internet Policy: Wireless access to the Internet is provided during Client’s license. Service interruptions, if they occur, will be handled as promptly as possible. SOAR is not responsible for any data, business, or other losses as a result of such interruptions. Client is responsible for protecting Client's own computer and data from electrical surges, theft, virus, or other malicious attack. Unless otherwise set forth by SOAR in writing, Client is receiving a single user account solely for Client use of the Services through one unit per login session. Client agrees not to resell any aspect of the Service, whether for profit or otherwise, share Client IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple units, or authorize any other individual or entity to use the Service. Client agrees that sharing the Service with another party breaches this TOU and may constitute fraud or theft, for which SOAR reserves all rights and remedies. Client has no proprietary or ownership rights to a specific IP or other address, log-in name, or password that Client uses on our network. SOAR may change the Client address, log-in name, or password at any time. SOAR will assign the Client an IP address each time the Client accesses the Service, and it will vary. Client may not assign Client log-in name, password, or IP address to any other person. Client agrees not to use the Service, any SOAR, or related network or website for any fraudulent, unlawful, harassing, or abusive purpose, or to damage or cause risk to our business, reputation, employees, subscribers, facilities, or any person.
    22. Client shall not install, maintain, or otherwise locate at SOAR any computer server or network equipment of any kind, whether hardware or software without written permission from SOAR.
  6. Rules and Regulations
  7. Kitchen Rules:
    1. Hand wash your dirty dishes. Staff will not wash your dishes and dirty dishes will be thrown away.
    2. Keurig coffee is for clients and their employees. After that.
    3. Label and date Client food that is put in the refrigerator. Friday at 4:30 pm everything in the refrigerator will be thrown out.
  8. Shared Workspace:
    1. Is for focus work or quite collaboration. Please keep noise to a minimum.
    2. For phone calls, please use headsets. No speaker phones.
  9. Meeting Room
    1. Client must reserve and pay for meeting room use. No exception. Meeting rooms may not be used as co-working space or any other purpose other than scheduled meetings. Client cannot conduct meetings in co-working or common areas.
    2. ONLY the CLIENT can use any free time associated with the Client Shared Space package. Client may not "gift" it or "resell" it.
    3. If a Client is found to have used a meeting room without a reservation, a charge will be incurred and, posted to their next invoice or deducted from their “free time”.
  10. Pets and Children are not allowed. Service animals are allowed with appropriate documentation and insurance as determined by SOAR. Client assumes full responsibility and any costs associated with services animals that are brought onto the Premises. Costs are at the sole determination of SOAR.
  11. Office and dedicated desk Clients have 24/7 access. Clients cannot sleep or reside at SOAR.
  12. SOAR is a smoke-free environment.
  13. Clients will comply with the Tampa Palms Professional Center (TPPC) rules and regulations:
    1. TPPC reserves the right to exclude loiterers, vendors, solicitors, and peddlers from the Building and to require registration of satisfactory identification or credentials from all persons seeking access to any part of the Building outside normal business hours. TPPC will exercise its best judgment in the execution of such control but shall not be liable for the granting or refusal of such access.
    2. The sidewalks, entry, passages, corridors, halls, elevators, and stairways shall not be obstructed by Client or used by same for other than those of ingress and egress. Only authorized custom-made door signs provided by TPPC are permitted on the outside of the Office. No paper signs or business cards will be allowed.
    3. The floors and windows that reflect or admit light into any place in the Building shall not be covered or obstructed by the Client, other than window shades provided by TPPC.
    4. Restroom facilities shall not be used for any other purposes other than for which they were constructed and intended. No rubbish or other obstructing substances shall be disposed of inappropriately. The expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by the Client involved or whose offices, employees, agents, patrons, customers, licensees, visitors, or invitees, shall have caused said damage.
    5. Client shall not injure, overload, or deface the Building, the woodwork, or the walls of the Premises, nor carry upon the Premises any noxious, noisy, or offensive business, nor store in the Building of the Premises any flammable or odorous materials.
    6. Client, its officers, agents, employees, patrons, customers, licensees, invitees, and visitors shall not solicit in the Building, parking facilities, or common areas, nor shall Client distribute any handling or other advertising matter in automobiles parked in the Building's parking facilities.
    7. TPPC will not be responsible for lost or stolen property, equipment, money, or any article taken from the Premises, Building, or parking facilities, regardless of how and when a loss occurs.
  1. The Client shall not leave the office doors propped open during business hours due to noise transmission and a courtesy to other.

 

SOAR License Payment and Cancellation Policy

  1. License fees are collected in advance monthly on the same day of the month the Client started SOAR services. That day each month is the Client's due date.  We require our Clients to keep a credit/debit card on file with us.
  2. I authorize SOAR to debit the card monthly for the agreed License services reflected on my online account, and at the time of use for any other additional space use such as a meeting room, printer/copier costs or any other additional service/charge not included in the selected package.
  3. Non-payment occurs when a License fee or additional services fee is not paid by the due date. SOAR will allow access to continue during the first 5 days of non-payment.  We will pause door and internet access if payment is not received by the 6th day following the date due.
  4. Suspension of Services. SOAR may withhold or suspend any Services or access to the Client while there are any outstanding fees due or Client is otherwise in breach of the License.
  5. Past Due Charge. We may charge a past-due administrative fee of $50. For any late payments.

 

I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU, Shared Space Payment and Cancellation Policy and the attached Rules and Regulations and further agree to be bound to the TOU, Shared Space Payment and Cancellation Policy and Rules and Regulations regarding my participation in and use of the Services.