Terms of Use
BY PARTICIPATING IN THE SERVICES OR RESOURCES, USERS AGREE TO THESE TERMS OF USE.
Services
Confluence Coworking limited, a Colorado limited liability company doing business as Confluence Small Business Collective (“Confluence”) provides Services (“Services”) to individuals and entities (collectively, “Users”) and their User Guests (“Guests”), which may include access to office space, workstations, industrial space, internet, office equipment, conference space, kitchen, lounge, knowledge resources, virtual mail, supervision of minor children, and other services as Confluence may determine from time to time (collectively, “Services”). Confluence is located at 75 Waneka Parkway, Lafayette, CO 80026 (the “Facility”).
Resources
Resources are the identifiable physical work area established for User’s use either on a dedicated basis or non-dedicated basis, and may include, without limitation, desks in an open work environment, enclosed offices, conference room(s), furniture, and other shared resources as may be designated by Confluence from time to time (collectively, “Resources”). “Dedicated Resources” means any resource designated to a specific User and excludes access to other Users. Dedicated Resources include (i) reserved desks in open work arrangements and (ii) enclosed office spaces. By contrast, “Non-Dedicated Resources” are not designated to a specific User and are intended to be accessed by other Users.
License
Use of the Services and Resources granted to the User shall be in the nature of a license to use and shall not be construed as a lease or grant any rights of possession whatsoever.
Single-Use and Monthly Plans
Users license the Services and Resources on a single-use or monthly plan basis. All Users are subject to these Terms of Use.
A supplemental License Agreement may be required by Confluence. A supplemental License Agreement may document specific details, including but not limited to plan name, approved use, rates, fees, deposit requirements, cancellation terms, hours of access, reservation credits, and discounts. A change from one Resource or Service to another by a User shall be mutually agreed upon between Confluence and User and documented by email.
Features and details of monthly plans, including but not limited to plan names, rates, fees, deposit requirements, cancellation terms, hours of access, reservation credits, and discounts are subject to change from time to time at the sole discretion of Confluence. Users will be notified of changes with no fewer than thirty days advance notice by email and may choose to continue licensing the Services or Resources as amended or cancel according to the terms of the License Agreement.
Fees
Users agree to pay fees for use of Services and Resources. Fees for single-use reservations are due at the time of booking. Fees for monthly plans are due on the first day of the month for which fees are assessed. Monthly plan Users may incur additional charges for use of Services or Resources outside the monthly plan allowances. Fees for these services will be due on the first day of the month following the month in which they were incurred. Charges over $300 are subject to a 3% convenience fee if paid by credit or debit card.
Security Deposits
A security deposit is required for some monthly plans as documented in the plan details. When a deposit is required for a monthly plan, Users agree to deposit with Confluence the amount of money shown in the plan details as a security deposit (the “Security Deposit”). Confluence shall not be required to maintain the Security Deposit in a separate account. The Security Deposit shall not earn interest unless required by applicable law. The Security Deposit shall be security for the performance by User of all of User’s obligations, covenants, conditions and agreements under this Agreement. Provided Users are not in default under these Terms of Use or a License Agreement, Confluence shall return the Security Deposit to Users, less any amount as Confluence has applied or is entitled to apply under these Terms of Use or a License Agreement. Confluence will use reasonable efforts to return any remaining security deposit within thirty days; however, in no event shall Confluence be under any obligation to return said deposit earlier than sixty days after the expiration of the term.
Cancellation and Refunds
For monthly plans, Users agree to cancellation terms documented in the License Agreement. For hourly and daily reservations, unless otherwise documented in a License Agreement, refunds will be issued for reservations canceled not less than 48 hours prior to the start time of the reservation. Alternatively, hourly and daily reservations may be rescheduled within four weeks of original reservation date with no penalty. Refunds are subject to a 10% processing fee.
Policies and Guidelines
Confluence maintains policies and guidelines (the “Policies and Guidelines”) for use of the Services and Resources including, but not limited, to mutual user cooperation and courtesy, environmental sustainability, use of common spaces and shared resources, guest access, parking, and pets. Users agree to abide by all policies and guidelines, which may be communicated and updated from time to time by email, web site, or signage in or around Confluence.
Guests
Users are responsible for the action or inaction of agents, affiliates, invitees, employees, directors, officers, patrons, minor children, or any person admitted to the Facility by Users (collectively, “User Guests”). It is the responsibility of the Users to ensure that User Guests are familiar and compliant with acceptable use according to these Terms of Use and other policies and guidelines that apply to Users. With the exception of a minor child under the explicit supervision of another adult, no User Guest will be left unaccompanied by the User.
For purposes of these Terms of Use, to the extent a User Guest is not party to a License Agreement, these Terms of Use shall apply to their authorized use of the Confluence Facility, Services, and Resources.
Supervision of Minor Children
Confluence may, from time to time, provide supervision for minor children in the Facility. Users acknowledge and agree that a User’s minor child or children must be accompanied by User at all times in the Facility unless under the explicit supervision of another adult. A User must remain in the Facility when the User's minor child or children are in the Facility, whether a minor child is under User’s direct supervision or the supervision of another adult. Confluence may communicate additional policies and guidelines with respect to specific areas within the Facility to which minor children may or may not have access.
Service Animals.
Bona fide service animals and service animals in training are permitted. The owner or individual with a disability who has control or custody of a service animal or the trainer of a service animal is liable for any damage to persons, premises, or facilities, including places of housing, places of public accommodation, and places of employment, caused by that individual's service animal or service animal in training.
Users acknowledge that therapy, crime prevention, companion, or assistance animals do not qualify as service animals. Under Colorado state law HB16-1426 (effective January 2017), it is a crime to knowingly misrepresent an animal as a service animal. The User understands that the service animal must always be under their control, and that the animal must have a harness, leash, or other tether unless the handler's disability prohibits their use or if the animal's tasks would be directly hindered by such equipment. Confluence may ask the User to remove a service animal if the animal is disruptive (e.g. whining, barking, jumping, growling), aggressive, or not housebroken. The User is responsible for the care and control of their service animal at Confluence.
Video Surveillance
Users understand that video surveillance equipment is used in and around the Facility for the safety and security of Confluence and its Users. Video imagery may be captured, stored, reviewed, and shared among Confluence personnel and appropriate authorities.
Photos
Users grant Confluence permission to use the User’s likeness in a photograph, video, or other digital media (collectively, “Photos”) in any and all of its publications, including web-based publications, without payment or other consideration. Users understand and agree that all Photos will become the property of Confluence and will not be returned. Users authorize Confluence to edit, alter, copy, exhibit, publish, or distribute these Photos for any lawful purpose. In addition, Users waive any right to inspect or approve the finished product wherein a User’s likeness appears. Additionally, Users waive any right to royalties or other compensation arising or related to the use of the Photo.
Users may opt-out of the provisions in this section by sending an email to info@confluencesbc.com with a subject line of, “Photo Release Opt-out.”
Participation In or Use of Services
Users acknowledge and agree that they are participating in or using the Services and Resources at their own free will. Confluence does not have any direct, indirect or consequential liability to User with respect to access, lack of access, participation in, use of, or loss of information resulting from use of the Services or Resources.
No Unlawful or Prohibited Use
In all matters relating to the use of Confluence Services and Resources, User will strictly comply with all laws and act ethically and in good faith. User will not use the Services or Resources for any purpose that is unlawful or otherwise prohibited by the terms hereof or any rules or regulations created by Confluence, as amended and updated. User may not use the Services or Resources in any manner that could damage, disable, overburden, or impair any Confluence server, or the network(s) connected to any Confluence server, or interfere with any other party’s use and enjoyment of any Services or Resources. User may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Confluence server or to any of the Services, through hacking, password mining or any other means. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services or Resources.
User agrees to promote a supportive community based on mutual respect for Confluence staff and other users. Harassment, profiling, or discrimination based on a person’s sex, gender, age, race, color, national origin, disability and/or religion will not be tolerated. Instances of such should be reported immediately to Confluence staff and will be handled appropriately, including but not limited to mediation, warning, or termination of the offending party’s access to the Services or Resources.
Confluence Services and Resources are not intended to be used for lodging, housing, or other residential purposes. Overnight use for purposes other than professional office work is prohibited.
Use of Internet
By using Confluence internet service, User (and as applicable, User Guests) hereby expressly acknowledges and agrees that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses and other programs that can corrupt or damage User’s computer.
Accordingly, User agrees that the Confluence is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to User computer or other devices that result from the transmission or download of information or materials through the internet service provided.
If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, Confluence reserves the right to permanently disconnect the offending device from the wireless network.
Including but not limited to pornography, User may not use this service to view, publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, or information on or through this service or while in the Facility. User may not download any files that User knows or reasonably should know cannot be legally reproduced, displayed, performed, and/or distributed in such a manner. User may not use the services in any way to restrict or inhibit other Clients from using and enjoying the Services.
Confluence reserves the right to determine, in its sole and absolute discretion, whether User’s conduct violates the prohibitions contained herein.
Relocation of Resources
Confluence reserves the right to relocate the User to other Resources within the Facility. Confluence shall provide not less than thirty (30) days’ written notice to User advising User of such relocation and any change to usage fees. In such instance, Confluence shall provide and furnish User with space in the Facility that is approximately comparable to the Resources and shall remove and place User in such space at Confluence’s reasonable cost and expense. If User refuses to permit Confluence to relocate User, Confluence shall have the right to terminate Services or use of Resources by user at the end of such thirty-day period. If Confluence relocates User to such new space, such new space shall thereafter be deemed to be the “Resources”, and usage fees shall be adjusted equitably reflect the differences of such new space.
Condition of Resources
User assumes full responsibility for the character, acts, and conduct of User’s action or inaction or of User's Guests and any removal or damage to any portion of the Resources, the building, or the property. User will not injure, nor mar, nor in any manner deface the Resources or any equipment contained therein; not cause or permit anything to be done whereby the Resources or furniture, fixtures or equipment related to the Resources shall be in any manner injured; not drive or permit to be driven nails, hooks, tacks or screws into any part of the Facility or the Resources or equipment contained therein; not make nor allow to be made any alterations of any kind to the Facility, Resources, furniture, fixtures and equipment without the prior written consent of Confluence, which may be withheld in its sole discretion. User will reimburse Confluence for the cost of repairs or replacement for any removal or damage caused by User or any User’s Guests. User assumes full responsibility for the character, acts and conduct of User Guests.
Authority
User hereby represents and warrants that they have all requisite legal power and authority to abide by these Terms of Use and no further authorization or approval is necessary. User further represents and warrants that participation or use of the Services and Resources will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which User is a party.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, Confluence provides the services and Resources “as is” and with all faults, and hereby disclaims with respect to the Services and Resources 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, or non-infringement. The entire risk arising out of participation in or the use of the Services and Resources, remains with the User.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall Confluence, its Landlord, its affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable to User for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, loss of profit, 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 or Resources, the provision of or failure to provide Services or Resources, or otherwise under or in connection with any provision of these Terms of Use or any License Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Confluence, and even if Confluence has been advised of the possibility of such damages.
Acknowledgement of Risk
Users acknowledge that certain activities associated with or undertaken in connection with Confluence Services and Resources, including certain activities which may take place at Confluence before, during or after any Learning Pod session, may be dangerous, possibly resulting in serious bodily injury or death. Users acknowledge and understand that use of the Services and Resources subjects Users and their families to additional risks and dangers, both known and unknown, including the risk of becoming sick. Users knowingly accept and assume all known and unknown risks in connection with the Services and Resources on behalf of myself and my Minor Children.
Indemnification
User shall indemnify and hold harmless Confluence, its Landlord, its officers, managers, members, directors, trustees, employees and agents from all loss, damage, liability or expense, including attorneys’ fees, resulting from any death, injury to any person or any loss of or damage to any property caused by or resulting from the use by User of the Resources or Services, breach by User of any of User’s obligation under these terms, or any act, omission or negligence of User or any officer, employee, agent, contractor, invitee or visitor of User in or about Confluence. Unless caused by the negligence of Confluence, Confluence shall not be liable for any loss or damage to person or property sustained by User, or other persons, which may be caused by the Facility, or any appurtenances of it, being out of repair or by the bursting or leakage of any water, gas, sewer or steam pipe, or by theft or by any act of neglect of any User or occupant of the Facility, or of any other person, or by any other cause whatsoever. Confluence shall not be liable for any damages arising from any user of its Services or Resources.
Personal Property
User brings or leaves personal property to Confluence at User’s own risk and responsibility and User releases Confluence from any claims of whatever kind or nature relating to lost or stolen property, or otherwise arising from damage to User’s personal property.
Insurance
Confluence shall carry Liability and Business Personal Property insurance under such terms and in such amounts as it determines in its sole and absolute discretion. User understands that Confluence’s insurance does not extend to User’s own general liability or personal property. User is strongly encouraged to carry insurance under such terms and in such amounts User determines in their sole and absolute discretion.
Independence of User
User is not owned, operated, sponsored, affiliated, or otherwise under the direction or control of Confluence. Confluence has no authority or control over any aspect of User's operations. User is an entity entirely independent of Confluence.
Taxes
Users shall pay all taxes, if any, levied on User or its business conducted at the Facility. In the event that any business, rent, sales, use or other taxes, or any governmental charges on User’s use of the Resources or User’s business at the Facility are levied, charged, enacted, changed or altered so that any of such taxes are levied against Confluence, or the mode of collection of such taxes is changed so that Confluence is responsible for collection or payment of such taxes, User shall pay any and all such taxes plus 15% on any balance due to Confluence upon written notice by Confluence to User.
Limitation of Liability and Remedies
Notwithstanding any damages that User might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Confluence, its Landlord, its affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns shall be limited to actual damages incurred by User not to exceed ten dollars (USD $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.
Release and Indemnification
User hereby releases and agrees to indemnify, defend and save harmless Confluence and Confluence’s landlord, its 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 User’s negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services and Resources or User’s failure to comply with these terms.
No Obligation to Provide Medical Care
Users hereby acknowledge that Confluence has no obligation to provide medical care and have not undertaken the responsibility to do so; however, Users consent to emergency medical treatment for themselves and my Minor Children which Confluence deems reasonably advisable or necessary in the event of injury, accident or illness. Users hold the party harmless who administers or facilitates reasonable medical assistance for User or User’s Minor Child.
Responsibility for Compliance
Users shall be solely responsible for ensuring that User and User’s family understand and abide by these Terms of Use, and User further agree that if User fails to abide by these Terms of Use, User’s privileges to participate in the use of the Services and Resources may be terminated or suspended immediately.
Binding Effect
User acknowledges that these Terms of Use shall bind User, User’s Minor Children, any other family members, and their respective heirs, successors, and personal representatives.
Choice of Law/Severability
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado. In the event that any provision or portion of the Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of the Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Amendment and Termination
Confluence reserves the right to revise and update these Terms of Use at any time. Confluence further reserves the right to terminate the User's participation in and use of any Services or Resources, immediately and without notice, with or without cause. In the event Confluence terminates User’s participation in and use of any Services or Resources without cause, Confluence shall provide User with a refund of any of any paid but unused fees.
Attorneys' Fees
In the event Confluence institutes or defends any legal action, arbitration or other proceeding in connection with these terms, Confluence shall be entitled to an award of its attorneys’ fees and expenses in the event Confluence is the prevailing party.
BY PARTICIPATING IN OR CONSUMING THE SERVICES OR RESOURCES, USER AGREES TO THESE TERMS.