Terms and Conditions
General Terms and Conditions
HUB Boulder Member License Agreement
Member Agreement: By submitting an online Membership Application, you (hereafter "Member" or "License") are entering into the following Member License Agreement with HUB Boulder, LLC (hereafter " HUB Boulder" or "Licensor"), located at 1877 Broadway, Suite 100, Boulder, Colorado 80302 (hereafter "Premises") and do agree to abide by the following terms and conditions.
Members shall enjoy the following amenities:
Staffing: Hosts are available Monday-Friday, 9-6pm to welcome guests; Printer Area: printing, copying, and scanning; Coffee / Kitchen Bar: complimentary tea and coffee; Security: 24/7 security service provided; Common space: Access to open spaces, privacy booths, kitchen, and lounge areas; IT: Internet access (wired and wireless). Internet bandwidth is enterprise-class, high-speed, sufficient for streaming both VOIP and streaming video service and designed with network redundancy to ensure uptime, except for planned maintenance. Due to the Internet access being shared across all users at HUB Boulder, it is subject to spikes in service based on overall usage demands; Utilities: Paid for in full by Hub Boulder; and, Community: Access to and membership in the HUB Boulder and global HUB community.
Members shall not: Maintain or store any property within the Premises unless in a designated, locked cabinet or locker for an additional fee. Permanent Desk members may leave monitors or other equipment on their desk. Use the Premises or the products and services provided therein for illegal purposes. Tamper with, borrow, or remove property kept in another l area without their express permission. Use the Internet and/or telephone services provided by HUB Boulder for any illegal purpose, or for any purpose deemed inappropriate by HUB Boulder including, but not limited to spamming, posting or downloading files that are illegal or that Member has no rights to, or accessing any other device connected to the HUB Boulder network or the Internet Member does not have permission to access. Usage of Internet for heavy downloading/uploading is not condoned and any acts which may affect the quality or usage of the service for other users is not tolerated. While HUB Boulder will use its best efforts in providing Member with access to Internet and telephones, Member agrees that HUB Boulder is not liable for any damages for failure to furnish or delay in furnishing any Internet service (including telephone and telecommunication services) or for diminution in the quality or quantity of any Internet or telecommunications service. Cause or permit any hazardous substance to be used, stored, generated, released or disposed of on or in the Premises. shall be determined in sole discretion of HUB Boulder. Act in a manner that would violate -Walnut Company, LLP and/or its successors, as amended from time to time, or any agreement between HUB Boulder and its Internet Service Provider. Act in a manner that, in HUB sole discretion, does or is likely to adversely affect the peaceful operation and enjoyment of the premises of HUB Boulder, or the building, including without limitation creating any disturbance to occupants of the Premises or the greater building or their employees, licensees, guests or contractors.
Members understand and agree that: Each Member is responsible to provide HUB Boulder one notice before termination of their membership (i.e., in order to end a membership by the first of a month, notice must be provided prior to the first of the preceding month). HUB Boulder does not grant refunds for unused membership hours. Unused hours do not roll over into the following month nor can they be shared with another member. The Member License Agreement with HUB Boulder does not constitute a lease, but is rather a license between HUB Boulder LLC and Member for monthly licensing of a given space and common area. HUB Boulder may terminate this license at any time and for any reason. There is no long-term agreement under this license. The card and/or key(s) that members may be provided are exclusively for that purposes and will not be shared with anyone else without HUB express written permission. If a member loses the card or key, he or she agrees to pay $15 for each item lost. Members are responsible for all guests brought into the space under the policies outlined in this document. A day pass or meeting room must be purchased for guests that will be in the Premises for two or more hours. A meeting room must be reserved when Members have two or more concurrent guests. All members and guests are responsible for their own belongings and actions. HUB Boulder assumes no liability in connection with any losses related to personal items or any personal injuries that occur in the space. Should any action or inaction cause damage or cost to HUB Boulder, that cost is subject to be levied by member or members. HUB Boulder is not responsible for any damage to Member’s property, including without limitation any damage to computer or other equipment resulting from a power outage or surge. HUB Boulder and its staff may provide solicited and unsolicited suggestions and other tips during the regular course of business and Member hereby releases and indemnifies HUB Boulder and its staff and associates from any present or future claim arising from the information provided. Members must maintain both open work area utilized and the common areas shared by multiple licensees in a neat, clean and in a sanitary condition. Members are entitled to use the equipment and supplies provided by HUB Boulder within the Premises. Such equipment and supplies are provided and maintained by HUB Boulder at its expense. HUB Boulder reserves the right to restrict use of equipment and supplies in its sole discretion. HUB Boulder may terminate membership if Member fails to pay the balance for membership in a timely manner, if Member fails to abide by any term of this agreement, or for any other reason not prohibited by law. Member must adhere to the guidelines outlined in the HUB Boulder Member Handbook. Any signs, symbols, or pictures that a member wishes to place in the windows or doors of the premises, or upon any interior part of the building shall be subject to the prior written approval of HUB Boulder. This Agreement shall be governed by the laws of the state of Colorado, irrespective of the choice of law rules of any jurisdiction. Neither Broadway-Walnut Company, LLP, nor HUB Boulder nor their respective agents shall be liable for, and Member agrees to defend and hold Broadway-Walnut Company, LLP Broadway- Walnut Company, LLP, and HUB Boulder and their respective agents harmless from, any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises by any person, firm or corporation. Member shall indemnify, defend and hold Broadway-Walnut Company, LLP, and HUB Boulder harmless from and against all loss, cost and expense, including fees, arising from any act, omissions or negligence of Member or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors in or about the Premises. The foregoing provisions shall not be construed to make Member responsible for loss, damage, liability or expense resulting from injuries to third parties caused solely by the gross negligence or intentional misconduct of Broadway-Walnut Company, LLP, nor HUB Boulder or their officers, contractors, licensees, agents, employees of other licensees of the Premises.
This Agreement and any renewal or extension hereof are subject to the terms of HUB Boulder’s lease of the Premises from Broadway-Walnut Company, LLP and/or its successors, as amended from time to time. Member may not assign or otherwise transfer any of Member’s rights or obligations under this Agreement (including by operation of law) wirhout HUB Boulder’s prior written consent.
The aggregate liability of HUB Boulder and any of its employees, assignees, officers, agents and directors (the “HUB Boulder Parties”) to Member or its employees, agents, guests or invitees fo any reason, will not exceed the total Membership Fees paid by Member to HUB Boulder under this Agreement in the twelve (12) months prior to the claim. None of the HUB Boulder Parties will be liable under any cause of action for any indirect, special, incidental, consequential, or punitive damages, including loss of profits or business interruption, even if HUB Boulder is aware of the possibility of such damages.
By submitting an online application, Member represents that Member has read the above terms and conditions in their entirety, has been given the opportunity to ask questions and/or have this document reviewed by legal counsel, and understands and agrees to abide by the above terms and conditions of a Member License with HUB Boulder.