Last updated: March 29, 2017

Website Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.palmbeachtech.org website (the “Service”) operated by Palm Beach Tech (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Palm Beach Tech.

Palm Beach Tech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Palm Beach Tech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at hello@palmbeachtech.org.

Privacy Policy

This privacy policy discloses the privacy practices for Palm Beach Technology Association (http://www.palmbeachtech.org). This privacy policy applies solely to information collected by this web site. It will notify you of the following:

  1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.
  4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.

If you feel that we are not abiding by this privacy policy, you should contact us at hello@palmbeachtech.org

 

IRS Status Disclaimer

The Palm Beach Technology Association, Inc. is in the process of obtaining IRS approval of its Section 501(c)(6) status. Contributions to Section 501(c)6 organizations are not deductible as charitable contributions on the donor’s federal income tax return.

However, they may be deductible as trade or business expenses if ordinary and necessary in the conduct of the donor’s business upon approval of Section 501(c)(6) status retroactive to the date of formation, which was July 7, 2015.

 

Membership Terms of Service

All benefits are subject to discontinuation, change, modification, improvement or substitution without notice and The Palm Beach Technology Association, Inc. makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto.

Membership Term; Renewals. A member shall be entitled to all of the benefits available to members ofThe Palm Beach Technology Association, Inc. for the ensuing twelve-month period under the annual plan, or the ensuing month under the monthly plan, commencing on the date of acceptance of the member’s application for enrollment (the “Membership Term”).The Palm Beach Technology Association, Inc. reserves the right, at its sole discretion, to change the terms and conditions of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement.

Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. The Palm Beach Technology Association, Inc. will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided. It is your responsibility to maintain accurate contact information in your member profile and contact The Palm Beach Technology Association, Inc. immediately if your electronic or US postal mail address changes and you are unwilling or unable to update the information online. You can contact The Palm Beach Technology Association, Inc. to inform The Palm Beach Technology Association, Inc. of such changes through the website.

Membership Fee; Renewal Fees. The currentThe Palm Beach Technology Association, Inc. membership fee (the “Membership Fee”) will be automatically billed to member’s designated credit card account or other authorized billing source (e.g., debit card) on a monthly or annual recurring basis as authorized upon enrollment. Any member who uses a debit card as the designated credit card account acknowledges that The Palm Beach Technology Association, Inc. will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Membership Fee to a debit card provided by the member. Unless member cancels their The Palm Beach Technology Association, Inc. membership or alters their auto-renewal status through the member profile prior to the end of member’s then-current Membership Term, The Palm Beach Technology Association, Inc. will automatically renew membership at the end of such then-current Membership Term as authorized upon enrollment and bill the then-current renewal Membership Fee to the designated billing source.

Right to Cancel; Refund of Membership Fee. Members have the right to terminate this Agreement and membership in The Palm Beach Technology Association, Inc. at any time. A member may cancel this Agreement and membership, or their auto-renewal, through their member profile, once logged into the website; or by sending such request to Palm Beach Tech at joe@palmbeachtech.org. If member cancels their membership before the end of a Membership Term for which member has paid the Membership Fee, the member cannot receive a refund of such Membership Fee nor any portion thereof. Due to the nature of the services provided by The Palm Beach Technology Association, Inc. (many of which are accessible immediately upon acceptance) it is understood that refunds cannot be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or the The Palm Beach Technology Association, Inc. membership. If member feels that they have been billed multiple times for the Member Service for one Membership Term, Member should promptly send notice of such, including all membership contact details, billing dates, transaction details and the credit card and/or debit card number that it was billed to joe@palmbeachtech.org

Member Representation and Obligations. In return for the discounts and benefits available under the The Palm Beach Technology Association, Inc. Membership, each member acknowledges such member’s obligations to The Palm Beach Technology Association, Inc. as follows: (a) you have read the “Membership Terms & Conditions” carefully, and understand the provisions of the The Palm Beach Technology Association, Inc. Membership and the billing method for the payment of the annual or monthly Membership Fee; (b) You may cancel your The Palm Beach Technology Association, Inc. membership at any time prior to the conclusion of the then current Membership Term and will not be entitled to a refund of the pro rata unused portion of the Membership Fee, (c) the Membership Term will renew automatically effective the first day following the conclusion of the existing Membership Term unless you elect to cancel in accordance with this Agreement; (d) the benefits of membership in The Palm Beach Technology Association, Inc. are not assignable without the express written consent of The Palm Beach Technology Association, Inc. and you will use your membership only for personal, non commercial use. You agree not to share any proprietary information supplied you by The Palm Beach Technology Association, Inc. including but not limited to coupon codes, discounts, incentives, and the like to any third-party, individual, entity or institution. A violation of this provision will result in your forfeiture of membership in The Palm Beach Technology Association, Inc., and (e) The Palm Beach Technology Association, Inc. assumes no responsibility for the payment of or contribution to any use or sales tax on Benefits that may be imposed by any state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be.

Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Florida. Any dispute arising between you and The Palm Beach Technology Association, Inc. will be submitted to arbitration in the State of Florida in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state’s consumer protection laws.

 

Coworking Terms of Service

An Agreement with the Palm Beach Tech Foundation Inc. at 313 Datura St, West Palm Beach, FL 33401 (hereby referred to as “Palm Beach Tech Space”) and the accepting party (hereby referred to as “Client”).

Palm Beach Tech Space provides to the Client the Office Space (also referred to as “Office”) and Services as set forth in this Membership Agreement.  Palm Beach Tech Space will provide to the Client the non-exclusive license to use Palm Beach Tech Space facilities and Services in common with others. 

Palm Beach Tech Space hereby provides the following Services under this Agreement and Client hereby accepts the Services from Palm Beach Tech Space for an “Initial Term” beginning (month/day/year) ____________ and ending when either the Client or Palm Beach Tech Space give necessary prior written notice to either party of cancellation as contemplated herein.  Client hereby represents that this Agreement shall not be construed as creating a landlord-tenant relationship, nor shall the payment of any sums pursuant to this Agreement entitle the Client to possess the Office Space located in Palm Beach Tech Space.

HOURS & ACCESSIBILITY: Palm Beach Tech Space reserves the right to change Office hours at anytime with written notice to Client.  The Office is closed during national holidays and may not be accessible during certain events such as adverse weather, etc.  Access to the Office Space is granted only to the Client and Client may not transfer, assign or sub-license this membership.

Hours of Operation: Monday – Friday 8:30am – 5pm

Saturday and Sunday will be available for workshops and events

(Additional hours may be available at an additional charge)

SHARED MEMBERSHIP SERVICE FEE STRUCTURE: With the exception of Palm Beach Tech Space events, a Client visit to Palm Beach Tech Space regardless of the time spent on the premises constitutes ONE day.  Shared Space is made available on a first come, first serve basis. Only designated shared desks can be used and workstations/desks may change in size or location within the Office.  If a shared workspace is not available, the Client will be given the option to use another available space at the Office.

DEDICATED MEMBERSHIP SERVICE FEE STRUCTURE: Dedicated space, whether dedicated workstation or private office, is made available to the client on a permanent basis during the extent of their contract.  Only the Client’s specified dedicated workstation or office can be used and may change in size or location within the Office. 

Name Type Price/ Access
Day Pass Shared Space $25/ Per Day*
Part-Time Membership Shared Space $75 – (5) Days Per Month*
Full-Time Membership Shared Space $200 – Unlimited Coworking*
Dedicated Desk Membership Dedicated Desk $300 – 24/7 Access
Private Office Membership Private Office $900/600 – 24/7 Access

*During Operating Hours Only (Mon-Fri 8:30-5pm)

 

PAYMENT, INVOICING, & LATE FEES: Fees are payable in advance, not in arrears. Upon signing of this Agreement, Client shall pay Palm Beach Tech Space any, and all, membership dues and fees as listed as per the Client’s individual Agreement. Failed payment renders this Agreement null and void.  All Clients must keep a credit card on file with Palm Beach Tech Space and advance payment via automatic recurring credit-card payment is required on the same billing day per month as the membership commencement day. Invoices will be emailed to Client monthly using the email address provided by Client in this Agreement.  Client authorizes Palm Beach Tech Space to debit Client’s credit card monthly for the agreed upon membership fees and for any fees incurred for Services Client has used. Client is responsible for notifying Palm Beach Tech Space in writing of any exception that Client may have to the charges documented in the invoices before Client’s next billing period. Absent the Client providing such notification, Palm Beach Tech Space is authorized to charge the transactions against Client’s account for payment in full of the amount on invoices provided.  This authorization is to remain in full force and effect until Palm Beach Tech Space has received a minimum prior written notice from Client of termination of Palm Beach Tech Space membership and/or Services as contemplated herein. Once a monthly term commences, total monthly charges will be billed and no refunds will be given.  Palm Beach Tech Space reserves the right to charge late fees, withhold Services, and/or terminate membership if payments are not received on time.  Palm Beach Tech Space reserves the right to change Fees at any time with 30- days prior written notice to Client to be effective on Client’s membership Renewal Date.   

PROPERTY TAXES AND LICENSES: The Client is responsible for maintaining personal and business licenses, permits, and any requirements set forth by the City of West Palm Beach, Palm Beach County, the State of Florida, and the Federal Government related to his/her business. Palm Beach Tech Space is not responsible for any business that does not abide by regulations or permit usage.  

TERMS OF USE (“TOU”)

  1. ACCEPTANCE OF TERMS: The services Palm Beach Tech Space provides to the undersigned Client (including but not limited to) are use of the space (located at 313 Datura Street, Suite 100, West Palm Beach, FL 33401), access to internet, etc., and all are subject to the following Terms of Use (hereby referred to as “TOU”).  Palm Beach Tech Space reserves the sole right to modify or discontinue Palm Beach Tech Space’s Service(s) and/or modify and update the TOU (as well as, the Community Guidelines referenced in this Agreement) at any time with or without notice to Client. Palm Beach Tech Space will use commercially reasonable efforts to notify Client of any updates within (five) 5 days of their enactment using the email contact information provided in the Agreement and it is Client’s responsibility to update Client’s contact information to ensure delivery and receipt of such notices. Any failure by Palm Beach Tech Space to enforce or exercise any provision of the TOU or related right shall not constitute a waiver of that right or provision.

 

  1. PERMITTED USE: Client shall be entitled to use Palm Beach Tech Space solely for office and business oriented purposes as listed in this Agreement.  The Client understands that no other type of business or service can be provided in the Palm Beach Tech Space without written approval.
  1. NO UNLAWFUL OR PROHIBITED USE: The Client will not use the Services for any purpose that is unlawful or prohibited by these TOU, Agreement, and/or that are prohibited by Palm Beach Tech Space’s Community Guidelines.  Client acknowledges that Client is participating in or using the Services at Client’s own free will and decision.  Client hereby represents and warrants that Client has all requisite legal power and authority to enter into this Agreement and abide by this TOU and Agreement and no further authorization or approval is necessary.  Client further represents and warrants that Client’s participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which Client is a party.
  1. DESCRIPTION OF SERVICES: Palm Beach Tech Space may provide Client with access to Office Space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services as Palm Beach Tech Space may provide from time to time (collectively, “Services”). The Services at all times are subject to the membership Agreement and TOU.
  1. UNACCOMPANIED GUESTS: Client shall not allow any other person or entity to use Palm Beach Tech Space’s facility without being accompanied by Client.
  1. CONTACT INFORMATION, EMAIL LIST, NOTICES, & PRIVACY POLICY: Palm Beach Tech Space requires the contact information of all those using the Office Space on a regular basis. Client will be auto-subscribed to Palm Beach Tech Space’s Email List using email provided by Client. Client acknowledges that all Clients agree to be subscribed to Palm Beach Tech Space’s Email List and agree to receive community/member emails as part of Client’s obligations and duties to Palm Beach Tech Space. It is Client’s responsibility to stay informed of Palm Beach Tech Space’s new policies, announcements, and other information pertaining to Member Services and/or Palm Beach Tech Space Office Space. Palm Beach Tech Space will not release the Client’s personal information and/or emails to third parties unless we are required to do so by law. Notices to Palm Beach Tech Space must be sent to the attention of Member Services at hello@palmbeachtech.org by email or to Palm Beach Tech Space, 313 Datura St, Suite 100, West Palm Beach, FL 33401 by conventional mail.
  1. USE OF SERVICES: Client waives all rights and acknowledges that Palm Beach Tech Space does not have any liability with respect to Client’s access, participation in, use of Services, or any loss of information resulting from such participation or use. Palm Beach Tech Space will use commercially reasonable efforts to ensure electricity, heat, AC, and Internet uptime but does not guarantee 100% uptime for all Services and is not responsible for losses incurred to Client during downtime and/or circumstances beyond Palm Beach Tech Space’s reasonable control. Client understands and agrees that Palm Beach Tech Space Services are provided “AS IS” and that temporary interruptions, disruptions, and/or delays of Palm Beach Tech Space Services may occur as normal events and Palm Beach Tech Space is not to be held responsible and/or accountable in any way for such event. Client agrees that Palm Beach Tech Space shall not be held liable for any damage resulting to the computer systems, hardware, software, files, and business of Client, its agents, assigns, employees, affiliates and customers due to use and/or installation of said software/drivers, irrespective of negligence on the part of a third party vendor or agent of Palm Beach Tech Space.

Internet Policy: Wireless access to the Internet is provided during Client’s membership.  Service interruptions, if they occur, will be handled as promptly as possible.  Palm Beach Tech Space is not responsible for any data, business or other losses as a result of such interruptions.  Client is responsible to protect Client’s own computer and data from electrical surges, theft, virus, or other malicious attack.  Palm Beach Tech Space does not take any responsibility for the security, content, network distribution, and use of any of the information that is processed, transmitted, received, or any other means communicated through the Internet service that is provided. Palm Beach Tech Space is not responsible for any damages or losses that are the result of any security breaches of network services from the Internet or within the  Office Space. Any misuse of the Internet and/or Services provided is grounds for termination of this Agreement.

Client agrees that when participating in or using Palm Beach Tech Space’s Services, Client cannot:

  1. Use the Services in any manner that could damage, disable, overburden or impair any Palm Beach Tech Space server or network(s);
  2. Disrupt or significantly slow down the remaining computers in the Office through excessive usage of internet services/bandwidth;
  3. Use the Services in connection with contests, pyramid schemes,chain letters, junk email, spamming, or any duplicative or unsolicited message(s) (commercial or otherwise);
  4. Attempt to gain unauthorized access to any Services, accounts, computer systems or networks connected to any Palm Beach Tech Space server or to any of the Services, through hacking, password mining or by any other means;
  5. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Palm Beach Tech Space’s servers, bandwidth, notice boards, events, and/or Palm Beach Tech Space Services;
  6. Use any material or information, including images, files, photos, software or other material which are made available through the Services in any manner that infringe intellectual property laws, copyright, trademark, patent, trade secret, or other proprietary rights of any party;
  7. Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  8. Download any file(s) that cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
  9. Harvest, attempt to intercept, store, and/or otherwise collect information about others, including email addresses, without the knowledge and authorization or consent of the disclosing party
  10. Post or transmit content Client does not have the right to post or transmit;
  11. Post or transmit content that is unlawful, untrue, stalking, harassing, defamatory, abusive, threatening, obscene, hateful, harmful or otherwise objectionable as determined by Palm Beach Tech Space’s sole discretion;
  12. Use the Service/network to send altered, deceptive or false information;
  13. Interfere or attempt to interfere with access of any user, host or network, including without limitation, sending a “virus”, overloading, “flooding,” “spamming,” “crashing,’ or “mailbombing” the Service or any Palm Beach Tech Space or related website or network;
  14. Install, maintain, damage, or otherwise locate at Palm Beach Tech Space any computer server of any kind, whether hardware or software;
  1. Palm Beach Tech Space Required Disclosures: Palm Beach Tech Space reserves the right to disclose any information about Client and/or Client’s participation in and use of the Services 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, at Palm Beach Tech Space’s sole discretion.
  1. Confidentiality: During Client’s participation in and use of the Services, Client may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Palm Beach Tech Space or any participant or user of the Services or any employee, affiliate, or agent thereof that is nonpublic, confidential, or proprietary in nature. Client participation in and/or use of the Services obligates Client to maintain all Confidential Information in strict confidence, not disclose it to any third parties and not to use it in any way directly or indirectly detrimental to Palm Beach Tech Space or any participant or user of the Services. All Confidential Information remains the sole and exclusive property of Palm Beach Tech Space or the respective disclosing party.  
  1. Exclusion of Incidental, Consequential and Other damages: To the maximum extent permitted by applicable law, in no event shall Palm Beach Tech Space or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present, and future Officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually, be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, 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 Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Palm Beach Tech Space, and even if Palm Beach Tech Space has been advised of the possibility of such damages.
  1. Limitation of Liability: Palm Beach Tech Space and/or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present, and future Officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this TOU and Agreement shall have NO LIABILITY whatsoever to the Client or any related person. Palm Beach Tech Space shall be fully excused from liability for non-delivery or delay in delivery of products and/or Services arising from any event beyond Palm Beach Tech Space’s reasonable control, including but not limited to, labor disturbance, war, fire, accident, adverse weather, transportation, government act or regulation.
  1. Indemnification: Client releases, and hereby agrees to indemnify, defend and save harmless Palm Beach Tech Space, its parent company and any of Palm Beach Tech Space’s subsidiaries, Partners, Sponsors, 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 (including, without limitation, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of Client’s negligent actions, errors, and omissions, breach or violation of the rules and terms in this Agreement, willful misconduct, and/or fraud in connection with the participation in or sue of the Services. In the event that Client brings claim or lawsuit in violation of this Agreement, Client shall be liable for any attorneys’ fees and costs incurred by Palm Beach Tech Space or its respective Offices and agents in connection with the defense of such claim or lawsuit. Client acknowledges that Client has an affirmation obligation to investigate all transactions, events, relationship services, and offers. In no event shall Palm Beach Tech Space affiliates be liable to Client or any third part for any special, punitive, incidental, direct or indirect or consequential damages of any kind, or any damages whatsoever, arising out of or in connection with the use of Palm Beach Tech Space’s Office Space and/or Services, whether or not Palm Beach Tech Space has been advised of the possibility of such damages. Further, Palm Beach Tech Space, its employees/agents, successors and/or assigns shall not be liable in any way for third party goods and/or services (such as, but not limited to, food drinks, events, offers, and/or promotions) offered the Office Space and/or provided by Palm Beach Tech Space and/or third parties.
  1. Property Loss, Damage Reimbursement, Indemnity:  Palm Beach Tech Space and its agents shall not be liable for loss of or damage to any property of Client, its agents and/or invitees, nor for any items lost due to theft or otherwise, nor for any injury or damage to persons or property resulting from any cause, including but not limited to negligence, acts of God, flood, fire, and riots. Palm Beach Tech Space and its agents shall not be liable for any such damage(s) caused by other Clients or persons in, upon or about Palm Beach Tech Space Office Space, and the Building, or caused by operations in construction of any private, public, or quasi public work.
  1. Non-disparagement:  Client shall, during and after the participation in and use of the Services, not make any statements or comments of defamatory or disparaging nature to any third party regarding Palm Beach Tech Space, or any of Palm Beach Tech Space’s Officers, directors, employees, personnel, agents, policies, Services or products, other than to comply with law.
  1. Warranties & Disclaimers: This section contains the only warranties made by Palm Beach Tech Space. Any and all other warranties of any kind whatsoever are expressly excluded and disclaimed. Client disclaims any implied warranty of habitability, merchantability and fitness for a particular purpose, whether as to the Office or components and Services associated with the Office Space, contents and fixtures, or components and services associated therewith. To the extent, permitted by law, Palm Beach Tech Space is not liable for any consequential, incidental, indirect, economic or punitive damages incurred by the Client even if Palm Beach Tech Space has been advised or put on notice of the possibility of such damage(s). Client shall liable to Palm Beach Tech Space for all damaged caused to the Office Space and the contents thereof beyond regular wear and tear, due to any act or omission of Client, its agents, employees, and/or invitees. Client understands and agrees that Palm Beach Tech Space shall have no liability whatsoever to anyone. Palm Beach Tech Space 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 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. Palm Beach Tech Space makes no warranty that Services provided will meet Client’s requirements, will be uninterrupted, timely, secure, or error-free. Also, there is no warranty, duty or condition of title, quiet enjoyment, and quiet possession, corresponding to any description herein. The entire risk and/or liability as to the quality, or arising out of participation in or the use of the Service(s), remains with the Client.
  1. Severability & Waivers: The TOU, Agreement, and Community Guidelines constitute the entire agreement between the parties pertaining to the subject matter contained therein, and supersede all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter. In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provision of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.  No waiver shall be binding on Palm Beach Tech Space (by any act or omission) unless executed in writing by an authorized representative of Palm Beach Tech Space. This TOU, the Agreement and Community Guidelines shall be binding on Client, Client’s heirs, legal representatives, successors and assigns. In no event may Client assign, in whole or in part, Client’s membership or use of the Services without the advanced written consent of Palm Beach Tech Space.
  1. Insurance: Client, at Client’s expense, shall maintain at all times during the term of this Agreement, insurance covering Client for property damage, injury to Client, its agents, employees, or invitees, business interruption, personal injury, and any other type of insurance which may cover any foreseeable problems which may arise due to the Client’s use of the Office Space. Regardless of whether or not Client fails to carry such insurance, Palm Beach Tech Space, its related parties and/or building management shall not be liable in any manner for theft of or damage to any of Client’s personal property or any other damages incurred. Client represents that Palm Beach Tech Space has informed Client that insurance must be maintained at all times and that failure to do so is at Client’s risk.
  1. Governing Law & Compliance with Law: All notices under the TOU, the Agreement and Community Guidelines shall be effective immediately upon signing. Client shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Client’s use of the Office Space. The rights and obligations of hereunder shall be governed by, and this TOU, the Agreement and Community Guidelines shall be construed and enforced in accordance with, the laws of the State of Florida without regard to the conflict of laws thereof.