Resources means 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), and other shared resources as may be designated by Confluence from time to time. “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.
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 selecting a monthly plan shall additionally execute a License Agreement documenting the monthly plan details, including but not limited to plan name, rate, fees, deposit requirements, cancellation terms, hours of access, reservation credits, and discounts. A change from one plan 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 75 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.
User agrees 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.
A security deposit is required for some monthly plans as documented in the plan details. When a deposit is required for a monthly plan, User agrees 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 User is not in default under this Agreement, Confluence shall return the Security Deposit to User, less any amount as Confluence has applied or is entitled to apply under this 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, User agrees to cancellation terms documented in the License Agreement. For single-use reservations, refunds will be issued for reservations cancelled not less than two hours prior to the start time of the reservation.
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. User agrees 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.
Participation In or Use of Services.
User acknowledges 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.
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.
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.
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.
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.
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.
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.
User 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, its 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.
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.
In the event Confluence institutes or defends any legal action, arbitration or other proceeding in connection with these terms, Confluence shall 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.