Visitor CC Terms and Conditions

dots SPACE TERMS AND CONDITIONS

Overview

dots seeks to provide a shared, community driven workspace for location independent workers. It exists because of you and for you. As a member, you will not just be a customer of dots; you’ll be an active member of the community of what dots is and does for you and for others.

Membership Features

Below are some, but not all, of the benefits members receive as part of their membership.

ONE Membership, ALL Locations

Cozy, Relaxing, Outdoor & Indoor Spaces

Daily Yoga & Fitness Classes

Meditation Room w/ Oculus Headset

Podcast Livestream Studio and Casting Room

Daily Breakfast, Fruits & Snacks

Homemade Cold Brew, Lattes & Cappuccinos

Fruit Infused Water, Organic Teas & Filtered Water

Twenty Four Hour Access (Coworking Space & Up)

Mailbox, Scanner, Fax, B/W & Color Printing & Copying

Conference, Meeting, Phone & Brainstorm Rooms

Fiber Optic Internet w/ Privacy Encryption

On-Site Business & Tech Support

Indoor / Outdoor Bicycle Parking

Free Access to Networking Events and Workshops

Outdoor Cinema & Event Space

Business, Lifestyle, and Wellness Concierge

Intentional Introductions Platform Access

Free Business, Wellness, and Legal Consultations

Rooftop Lounge and Deck Coming soon to BH...

Who We Are.

dots (dots SPACE, dots SCHOOL, dots WORK, and dots EVENTS,) known in these terms and conditions as “we,” “our” or “us,” creates online and physical communities for creators. Dots is a dba of Bradley Simmons Realty LLC and will herein be referred to as dots or dots SPACE.

Who You Are.

References to “you,” “your” and similar words in these terms of use refer to the individual registering for the dots program and agreeing to be bound by these terms.

What up.

By agreeing to these terms of service you are entering into an agreement that describes your rights and obligations in connection with your receipt and use of the services provided through the dots program, comprising services provided through our website—www.dotsspace.com—and our mobile applications (known as our “online services”) and access to and use of certain space in certain dots locations. Please read these terms carefully, as they affect your legal rights. Among other things, these terms include your agreement with us to arbitrate certain claims instead of going to court and to not participate in class action claims. If you have any questions about these terms, please contact members@dotsspace.com. By using our services, you are agreeing to abide by and be bound by these terms of service. Some features of our services may be subject to additional guidelines, terms, or rules, which will be posted with those features or otherwise communicated to you.

What what?

For the avoidance of doubt, references to “services” in these terms applies solely to access to and use of our locations and the online services we directly provide. “Services” do not include, and we are not involved in or liable for, the provision of services by third parties which you may elect to purchase in connection with your dots membership, such as group health insurance, gym memberships or payroll services. All such third-party services are provided solely by the applicable third party pursuant to an agreement between you and the third party. You agree that our making available access to or discounts for these third-party services does not constitute provision of such third-party services by us, and you will look solely to the applicable third party for provision of the applicable third-party services and for compensation for any claims, damages, liabilities or losses you may incur in connection therewith. The availability and scope of the services, as well as the availability and scope of benefits we offer in relation to third party services, is subject to change from time to time in our discretion. Without limiting the generality of the foregoing, you acknowledge that our locations are subject to change from time to time. Please contact us about when you use our services and how that information is used. How we might change these terms. We may make modifications, deletions or additions to these terms from time to time. Such changes will be effective: (i) thirty (30) days after we provide notice of the changes, whether such notice is provided through the user interface of our online services, is sent to the email address associated with your account or otherwise; or (ii) when you opt in or otherwise expressly agree to the changes or a version of these terms incorporating the changes, whichever comes first.

Creating, paying for, and Canceling your Membership

Check your creds.

Our online services are available to members who are above the age of 18. Our services in our locations are available to members and guests who are above the age of 21. Kindly be certain you qualify. You agree to provide us with accurate and complete information about yourself when you register with us and as you use our services. You also agree to keep your information up to date. Don’t reveal your account password or transfer your access control devices to anyone else (or let them use your account). You are responsible for maintaining the confidentiality of your password and security of your location access device. You should promptly notify us if you suspect your password or location access device has been compromised. Any membership made given a discounted rate requires a 3-month minimum commitment. Members that receive office and drawer keys are responsible for the return of the key. Members that do not return all office keys will be charged a $75 rekeying fee. Members that lose keys to drawers will be charged $25 per key. DISCOUNTED MEMBERSHIPS DO NOT GET ALL AMENITIES AS DESCRIBED, AND DOTS RESERVES RIGHT TO MODIFY AMENITIES FOR DISCOUNTED MEMBERSHIPS.

Discounted memberships require 3-month minimum commitment. Membership cancellation must be requested in writing by email or letter and must be specifically stated and clear. dots does not accept ambiguous statements such "as I would like to suspend", "change due to travel" and etc. as a proper cancellation. Dots SPACE also reserves the right to cancel any membership for any reason without notice. At any point, dots SPACE reserves the right to move members around for a similar membership i.e. dots SPACE reserves the right to move members of a dedicated desk to another dedicated desk or a private office to another similar private office.

Linking to a company.

During the online registration process, you are asked to identify a company with whom your profile is associated. You agree that you will not falsely represent your association with any company, impersonate any third party or otherwise submit any false or misleading information to us. In the event your relationship with the company changes or is terminated, you agree to promptly update your profile to reflect this. Alternately, your individual account may have been created by an authorized representative of your employer. If you are an authorized representative, you hereby represent to us that you have the proper authority to create and terminate the company account and add and remove individual members to and from the account.

Payments

By signing up for an account and providing your payment information, you agree to pay us the recurring or nonrecurring fees as displayed to you at the time you create your

account. All membership payments are due on the first business day of each term by check or credit card. Dots provides a 3-day grace period for non-payment. After that, dots reserves the right to charge 10% late fees and/or withhold services if payments are not received on time. After that, dots reserves the right to disable access to all of our spaces and services that dots provides. You acknowledge and agree that the payment instrument provided by you will be automatically charged the fees and any other amounts you and/or your guest may incur or be liable for (including for damages, theft, loss whether on site or offsite, caused to any of our locations, property, including but not limited to gadgets, bicycles, umbrellas, whether they are complimentary or not) in connection with your dots memberships or amenities. Your use of the services may be immediately suspended if we are unable to charge such payment instrument for any reason. Recurring fees shall be charged on each applicable anniversary (e.g., monthly, quarterly, etc.) The month following your signup month shall be prorated to allow the anniversary date to be the 1st of the following month. The fees applicable to your account may be subject to modification from time to time pursuant to notice provided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. Your continued use of the services following such notice and through the payment date constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees. All fees must be paid in U.S. dollars and are nonrefundable, except that prepaid fees shall be refunded on a prorated basis solely in the event that we discontinue the dots program prior to the end of your prepaid subscription period.

Any missed or failed payment of any membership, including but not limited to business membership, desk memberships, private office memberships, office leases, wellness classes, conference rooms, gives dots the right to cancel those memberships and terminate the services associated with them. Dots is not liable or accountable in providing the services in case of missed payments, failed payments, late payments or any breach of contract.

Account termination

If you fail, or if we suspect that you have failed, to comply with any of the provisions of these terms, we may, at our sole discretion and possibly without prior notice to you, restrict your access to your account and our services and/or terminate your account. Reasons we may choose to do so are included but not limited to the following: Sleeping through the night at the office. Complaints from other coworkers. General cleanliness. Sexual relations in the space, using/taking something that is not yours, whether it's another coworker's or dots'. In addition, we may decline to renew your subscription at the end of your subscription period for any reason or for no reason. You may not assign, sublet, license or otherwise permit any other person or entity to use or occupy the Licensed Space. 
Furthermore, we may at any time terminate your account in the event we elect to discontinue the dots program. You can cancel your account at any time, by contacting us at members@dotsspace.com. If your individual account was created by an authorized representative of your employer, an authorized representative of your employer may at any time terminate your individual account by contacting us at works@dotsspace.com. Cancellation will be effective immediately upon our receipt of notice of cancellation. Cancellation notice must be given 30 days prior to the cancellation date, no exceptions. No prorating. For example, if your signup date is the 1st of January, and you give a 30-day notice, your account shall be terminated on the 31st of January. However, if you give notice the 5th of January, your account shall be terminated on February 28th. Your final bill shall be charged on your date of notice of cancellation. Please note that any change in the amenities does not constitute a change in the membership or the cancellation of that membership. Any amenity or amount of hours provided for any specific amenity or an amenity that becomes unavailable for any reason does not constitute grounds for cancelling the membership. Please note that the live answering service may take up to 30 days to fully set up.

Management shall have the right to declare the Licensee in default if the Licensee violates any of the following rules and regulations:

A. Compromising of security locked doors or any other security features.

B. Entry into another Licensee's office, or restricted areas, such as the server room, without the permission of Management.

C. Intentional damage to property, equipment or furniture of the Dots SPACE or another Licensee.

D. Any misrepresentation to the Dots SPACE of the Licensee's business intent or practice, or any illegal or illicit activity including smoking on the premises. (Please note smoking on site will result in immediate default of this agreement. The licensee will be asked to vacate within 24 hours, in addition is responsible for 30 days of payment from the first of the following months.)

E. Any physical alterations to the offices and / or common areas without prior knowledge and written permission from Management.

F. Tenants and employees of offices with a balcony may not go out on the window onto the balcony. Access to the balcony is strictly prohibited due to building codes.

G. Tenant agrees to conduct business in a non-intrusive professional manner that does not disturb surrounding tenants in any way.

H. REGARDING INDIVIDUALS THAT WORK IN THE BUILDINGS DOTS IS LOCATED, including but not limited to employees, partners, consultants, advisors, contractors, vendors, customers, and members, herein known as "resources".

a. dots and its partners invests a considerable amount of time and money into researching, training, and operating resources for its community to thrive. dots relies on these "resources" for its success and growth. dots shares these insights, trade secrets, and knowledge with its resources in an inclusive manner in order to promote growth and creativity within its organizations. Any attempt to use these resources outside our organization, regardless of form of compensation, without notification will result in damages, and we reserve the right to pursue in court. This clause is valid up to 36 months after termination of your membership.

b. furthermore, dots reserves the right to charge a 20% fee over all monies transferred to these resources for 18 months from the start of their work together. This fee shall be paid upfront for an estimate of all monies due over the next 18 months.

c. for example : should a member, or former member, make an attempt to hire a dots resource, which dots has trained, invested in, and shared its expertise with, that member shall owe dots 20% fee over all monies paid to that resource for the next 18 months, due upfront, to be re-evaluated at the end of term to include, but not limit to, any form of compensation such as bonuses, equity, and outstanding payments.

Member’s Dashboard members.dotsspace.com

You can post stuff on our online services. As a member, you can post and share content and other stuff on our online services with others. You are responsible for the things you post and the content you share through our online services, including its legality, reliability, and appropriateness. You may not post or submit anything that your mother would not approve of.

We can use the stuff you post on our online services. By posting your content on our online services, you give us the right and license to use, store, reproduce, modify, create derivative works of, publish, distribute, transmit, and display that content through our online services. You agree that we can also make that content available to other users of our online services, who may view and/or use your content, subject to these terms.

Removing the stuff you post.

You can remove the things you post at any time (if you remove your post all of the subsequent comments to that post will also be deleted). Your posts will otherwise remain on our online services, even if your account ends. If you remove a post, it will not be visible to other users via our online services, but others may still be able to access and share those posts if they have been viewed and/or are retained by them on their devices. Even if you remove a post from our online services, a copy will be retained by us and is subject to our data retention policy.

Things your mother would disapprove of.

You may not use the services in a manner that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual; bullies, defames, harasses or advocates stalking of, or the intimidation another person; involves pornographic or obscene materials; is harmful, abusive, threatening, offensive, defamatory or libelous; invades the privacy or discloses the private information of anyone; violates someone’s right of publicity; impersonates others or in a manner intended to or does mislead or confuse; is used for unlawful purposes or for promotion of dangerous and illegal activities; involves spamming or the sending of mass solicitations; implies that any statements you make are endorsed by us; is false, deceptive or misleading, or misrepresents or deceives others as to the source, accuracy, integrity or completeness; infringes any intellectual property or proprietary rights of others; transmits any restricted, confidential or proprietary information of others; or transmits content prohibited under any law, rule or court order, or prohibited as a result of any employment, contractual or other legal obligation or relationship. We may remove your posts. We have no obligation to prescreen or monitor any posts and we cannot guarantee that any content in the things users posts will be accurate or in compliance with these terms of service. We may at any time and for any reason edit, delete or remove any posts or any information transmitted by you that we believe (in our judgment) violates these terms of service.

Use, not abuse. On the condition that you comply with these terms of service, you have the right

to access and use the content and information that is available on our online services. You may not access our services through scraping, spidering, crawling or other technology or software used to access data. You may not download, reproduce, publish, transmit, distribute, modify, create derivative works of, or otherwise exploit any of our content on the online services, nor other users’ content (unless you have the user’s written permission).

Inflict no digital harm.

When using our online services, you agree not to: restrict or interfere with any user’s use of our services; collect email addresses or other contact information of users without their prior consent for the purposes of sending spam or send spam, chain letters or other similar communications to other users; reverse engineer, decompile, disassemble “frame” or “mirror” any portion of our services; use any robot, spider, site search/retrieval application, or other manual process or automatic device or extraction tool in order to access, monitor, copy, use, download, index, scrape, data mine, interact, overload or in any way reproduce or circumvent the navigational structure or presentation of our services; upload or transmit any submission that contains or embodies a software virus, worm, cancelbot, Trojan horse or other harmful, contaminating or destructive feature, computer code, file or program or otherwise violates the restrictions on such submissions set forth in the terms of service; or violate any law, rule, regulation or order of any court.

Enforcement

We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your content from our online services (or modifying it), suspending or terminating your account, and/or reporting you to law enforcement authorities, if your content or conduct violates these terms of service. We may access and disclose any information or content about you or that you have posted where we feel necessary or appropriate to cooperate with governmental requests, subpoenas and court orders, and to protect the safety or rights of any person.

We reserve the right to retain or take possession of an office and everything inside of them, including, but not limited to computers, laptops, printers and everything else in the office until the invoice has been paid.

Copyrights and Wrongs

Our rights of ownership. We and our dots SPACEs own our online services, including the software and underlying technology that makes it available. All of these are protected by copyright and other intellectual property laws in the United States and internationally. By being a member of dots SPACE or hosting an event at dots, you agree to let dots use your brand logo in online and published materials including but not limited to, our events brochure, website and social media.By accessing or using our online services, you do not acquire any ownership rights in or to any of our intellectual property. Unless we expressly grant rights to you in these terms of service, we retain all rights in our online services and software.

Our copyright policy

It is our policy to remove, or disable access to, any content that infringes any copyright on our online services after we have been notified by the copyright owner (or their legal agent). If you believe any content on our services infringes your copyright, you may request removal of those materials from our services by providing us the following information:

Identification of the copyrighted work that you claim has been infringed.

Identification of the content that you believe to be infringing and its location on our services. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the content.

Your name, address, telephone number and email address.

A written statement from you that you have a good faith belief that the use of the content is not authorized by the copyright holder, its agent or the law.

A written statement from you that the information that you have supplied is accurate and that, under penalty of perjury, you are either the copyright owner or are authorized to act on the copyright owner's behalf with respect the applicable content.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Notice of claims should be sent to: work@dotsspace.com

or Attn: General Counsel, dots, 113 N San Vicente Blvd Beverly Hills CA, 90211.

Advertisements, Endorsements, and Testimonials

Advertisements. Our online services may include advertisements, which may be targeted to certain content or information available on our online services, to your interactions or your use of our online services, or to other information. The types and extent of advertising on our online services are subject to change. In consideration for us granting you access to and use of our online services, you agree that we and our third-party providers and partners may place such advertising on our online services.

Endorsements and Testimonials

From time to time, we may also publish on our online services testimonials by users, related to their experiences with our online services. These testimonials are their “subjective opinions” and they represent individual results. We neither verify them nor

claim that they are typical results that others will generally achieve. None of these testimonials have been scripted by us or, to our knowledge, third parties. We publish these testimonials verbatim, except for correction of grammatical or typographical errors. Also, we may shorten some testimonials if they appear lengthy or not entirely relevant for a general audience. Names, locations, dates and other information may have been changed to protect the privacy of users.

All other testimonials and endorsements of any type, format or nature that users post are not verified by us. You should be cautious when relying on them and you should assume the results described therein are not typical.

Using our Locations

Conference Rooms and Workspaces. Subject to availability, you will be entitled to use up to a certain amount of credits per month for workspace or conference rooms in certain of our locations during such location’s regular business hours on such location’s regular business days. These credits may not be rolled over from month to month. Use of our workspaces and conference rooms in excess of such number of credits is subject to overage fees. You can review the current schedule outlining credit usage and overage fees in our FAQ. This schedule is subject to change from time to time.

Dots SPACE shall have sole discretion to set and to periodically change policy regarding conference rooms and other common rooms in order to ensure a fair, balanced, and productive environment for all. Dots SPACE shall have the right to modify the number of hours assigned to You and to modify the method of dividing conference room time amongst members. 


Dots SPACE is available for our members to use; however, you may bring guests for meetings. Any non-member guests that wants to use the space is welcome to do so after managements’ approval and after paying for a day pass of $25.

Dots SPACE thrives to provide a clean working environment. Please make sure to clean after yourselves and use designated trash areas found around the space. Also, please make sure to leave the bathrooms, kitchen, and general areas clean for the next members and guests.

Mail.

Subject to availability, you may elect to receive mail and packages at one of our locations. If you have done so, we will accept mail and deliveries on your behalf during such location’s regular business hours on such location’s regular business days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages after you terminate your membership. Package and envelope shipping through dots is limited to fair use at the sole discretion of dots. To have a package mailed out, on behalf of a member, the package must be submitted by 12pm, and dots has up to 2 business days to send the package. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise. As such, we have no obligation to accept bulk or oversized mail or packages.

Non-Member Rentals and Bookings

All space rentals, including but not limited to, conference room booking and movie filming must provide their own liability insurance in case of any damage or claims made. All reservation payments are final, there are no cancellation or refunds.

Community Guidelines

Each location will have its own community guidelines governing the expected behavior in such location, which you must comply with. These guidelines may be revised from time to time. In general, we expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to other members, their guests or the property of the foregoing, or to our employees or our locations or personal property. This includes things your mother would disapprove of, a list of which can be found above.

By choosing a co-working space as their main workspace, they understand that they are responsible for the safety of their employees in shared areas, and that we require that their coverage (insurance, labor, etc...) should include the entire dots property, whether or not they were considering to be "working" at the moment of an incident. dots is in no way responsible for injuries in the workplace, nor the actions of individuals. Per the US Department of Labor, poster may be directly handed out to fulfill the labor posting requirements. If your requirements, differ, please contact us.

If you have questions about the guidelines for any of our locations, please send an email to: members@dotsspace.com

Security

For security purposes, we may regularly record via video certain areas of our locations. You may be required to present a valid government issued photo identification in order to gain access to our locations. You may unlock doors using your phone on our platform as long as you are a member and your account billing is up to date. If you have a private office or a file cabinet, it is your responsibility to lock the doors. We are not responsible for theft. A key is given to you upon signup. If you have not received one, it is your responsibility to e-mail the space manager in order to get one.

Lost and Found

Dots SPACE takes no responsibility for personal effects and possessions left on premises. We do, however, maintain a lost and found and will hold recovered items up to 30 days.

Property

We are not responsible for any property you may leave behind in one of our locations. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving.

Damage

You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our locations, furniture, and/or items therein caused by you or your guests. Any keys that are not returned inquire a $25 re-key fee.

When accessing the space outside of operating hours, if alarms are set off because of the lack of following procedure, (opening doors that you do not have access to) you may be held liable for the charges from the City of Beverly Hills.

You may not make any changes, alterations, or improvements to the Licensed Space, the Leased Premises or the Building.

Common Areas

Common spaces in our locations are to be accessed by you and your guests in the time immediately prior to and following your reserved time in the location. They are for temporary use and not as a place for continuous, everyday work.

Use of the dots Name; Photos of the Locations; Other Members’ Property

You may not use the name dots or use pictures or illustrations of our locations in any advertising, publicity or other purpose without our prior consent. You may not take or copy information belonging to other members.

Nature of these Terms

Notwithstanding anything in these terms of service to the contrary, these terms of service in no way shall be construed as to grant you any title, easement, lien, possession or related rights in our business, our locations or anything contained in our locations. This agreement creates no tenancy interest, leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship.

Limitations of Liability

We are not liable for actions of our users. We do not control and are not responsible for the actions of users on or of our services. We also do not and have no obligation to screen, edit, or review submissions. You should be aware that other users may not be who they claim to be. We do not perform background checks on our users nor do we guarantee that our users’ profiles are accurate. User submissions may be misleading, deceptive, or erroneous, and you acknowledge and agree that any use by you of any submission is at your own risk. We do not endorse, support or verify the facts, opinions or recommendations of our users. We do not have liability for third party websites. Our services or services may contain links to third party websites or products or services from other providers that may offer you the ability to download or access software, content or services. Our services may also display advertisements from third parties and links to the sites of such advertisers. We are not responsible for the content of these advertisements or any links, or any products, services or other materials relating to such advertisements. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use or reliance on any advertisement on our services or any products, services or other materials relating to any advertisement. We will not be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages and any lost profits, revenue, or data, even if advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, strict liability or otherwise. To the extent permitted by law, our total liability for any claim, including for any implied warranties, is limited to the amount you paid us to use the services to which the claim relates.

Disclaimer of Warranties

To the extent permitted by law, we disclaim all warranties, express or implied, with respect to our services, including warranties or representations as to the availability, operation, performance and/or use of our services, or any other materials on or accessed via our services, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties or indemnification arising from course of dealing or course of performance.

Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. In such event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.

Indemnification

You agree to hold us harmless. You agree to indemnify and hold harmless us, our officers, directors, employees, agents, representatives and affiliates, and our third party providers and partners (including the owners of the locations for our locations), from any claims, damages, losses, costs, reasonable attorneys’ fees or other expenses that arise directly or indirectly out of or from your violation of the terms of service, your use of our services, or any information, content or materials contained, displayed or available therein, by you or any other person accessing them under your authorized access methods, your violation of the rights of any third-party or your submissions, except in each case to the extent any of the foregoing arises directly out of our gross negligence or willful misconduct. You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of these terms of service. You agree to cooperate fully in any of these inquiries. You waive any and all rights against us, our officers, directors, employees, agents, representatives and affiliates, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.

General Privacy Notice

We may collect personal information about you in a variety of ways. Collected information may include information that may be provided by you in the initial signup process or during your membership, and information that may be gathered from our security cameras located on the premises. Note that you are not obligated to provide us with personal information and any information collected by us will be provided by you at your own will. We may collect, use, store and transfer the information in accordance with applicable laws for various purposes, including facilitating the services, performing accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations, and to enforce or manage legal claims. We may also transfer the personal information collected by us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third-party services providers and our affiliates for the foregoing purposes. Some of these transferees may not be located in your country, and therefore your information may be transferred to countries that may or may not guarantee a level of privacy and data protection that is equivalent to the level of privacy and data protection set by the laws in your country.

General Provisions

What law governs these terms of service? Where will disputes be heard? These terms of

service will be governed by and interpreted according to the laws of the State of California, without giving effect to its principles or rules of conflict of laws. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding nonappearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 18007787879.

In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim which is not subject to arbitration pursuant to the foregoing paragraph shall be adjudicated exclusively in the courts located in the County of California and in the federal courts in the District of California. Nothing in this Agreement shall prevent either party from seeking remedies in small claims courts of competent jurisdiction, or from seeking injunctive relief any court of competent jurisdiction.

Class action waiver

Any proceedings to resolve or litigate any dispute subject to arbitration under the preceding section will be conducted solely on an individual basis. Neither you nor we will seek to have any such dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.

What if some of these terms of service are not enforceable?

These terms as well as our community guidelines and any feature specific guidelines, terms or rules that may be posted or provided to you constitute the entire agreement between us regarding the services and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these terms of service is held to be unenforceable, then that provision is to be interpreted either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this paragraph, the rest of these terms of service is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. Third parties may have their own terms of service. Some of the services available through our online services are provided by third parties. These third parties may have their own terms and restrictions. Any and all additional terms and restrictions will apply to your access and use of the applicable services. If they are in conflict with these terms of service, the additional terms and restrictions will control with respect to such services.

OFAC


You hereby represent and warrant that you are not, nor will you be at any time while you

are a member, an entity or individual listed on the Specially Designated Nationals and BlockedPersons List published by the U.S. Department of Treasury, as updated from time to time.

Contacting us. If you have any questions relating to these terms of service, please contact us at members@dotsspace.com.

Parking

Dots SPACE takes no responsibility for personal effects and possessions left in the car, bicycle, scooter or any mean of transportation.

We cannot guarantee that members of the general public will not enter our parking and cause damage to property and/or engage in criminal activity. Accordingly, you park your vehicle in the parking at your own risk. We cannot and do not guarantee the security of your vehicle and/or its contents.

Dots SPACE tries to provide affordable and convenient parking for its members. However, you agree not to hold Dots SPACE accountable should the parking become unavailable for any reason.

Kitchen

Dots SPACE takes no responsibility for any illness and/or injury that might result from food and/or beverages that is provided. Dots SPACE is not responsible of any sickness that might result and that includes but not limited to medical bills, lost income, out-of pocket expenses, pain and suffering and/or emotional distress.

Pets & Animals

Dots SPACE takes no responsibility for any illness and/or injury that might result from the presence of pets or other animals in the space. Dots SPACE is not responsible of any sickness that might result and that includes but not limited to medical bills, lost income, out-of pocket expenses, pain and suffering and/or emotional distress.

Utilities

You acknowledge that the Licensed Space is designed to provide standard office use electrical facilities and standard office lighting. You shall not use any equipment or devices that utilize excessive electrical energy or which may, in the opinion of Dots SPACE or Main Landlord, overload the wiring or interfere with electrical service to other occupants of the Leased Premises or the Building or violate any law, ordinance or rule or regulation of any utility company or governmental agency or authority. You acknowledge that electrical power fluctuates during normal usage and agrees that it shall supply its own surge protectors and any other necessary equipment for protection of its equipment against spikes or dips in electrical power. Dots SPACE shall not be responsible for any damage to equipment suffered as a result of normal or abnormal electrical conditions.

You acknowledge that due to the imperfect nature of verbal, written and electronic communications, as well as service rendered by Utilities such as electric, phone and internet companies. You shall hold Dots SPACE harmless from any failures or malfunctions relating to these factors, nor will You pursue any claims against Dots SPACE to recover damages as a result of service interruptions. You also accept that once this agreement is signed and executed, it will hold harmless the individual agent(s) or parties that were involved in the referral, negotiation and contracting of the Dots SPACE's space to be occupied as part of this agreement in the event that it is engaged in any issues, legal or otherwise with the Dots SPACE.

Internet and Communications

You may not install or use any telecommunications, other than the one provided by the Dots SPACE, without prior knowledge and written consent from Management or be considered in default. All components of the phone system software or hardware provided by Dots SPACE and used by You will remain at all times property of the Dots SPACE.

You may not install or use any internet provider, except for the one provided by Dots SPACE, without prior knowledge and written consent from Management, or be considered in default. All components of the DSL software or hardware provided by the Dots SPACE and used by the You will remain at all times property of the Dots SPACE.

You may not use or install any type of server or VPN without prior knowledge and written approval from Management or be considered in default.

Membership terms & fees

Dots SPACE grants You a license to use Licensed Space and Licensed Services solely for general office use in the conduct of Your Business Activities together with (i) the desk(s) and file cabinet(s) located therein, and (ii) the right to use in common with others the common areas including the hallways, conference room(s) and reception area. Phone booths, brainstorm rooms and the meeting rooms are also available for usage for members. While there is no credit system in place, please make sure to use them fairly (30 to 60 minutes increments) in order to allow enough time for our members to conduct their meetings and calls.

You shall pay and the Dots SPACE must receive the License Fee; along with payment for all add on charges and services, if applicable, on the first day of each month.

Term of license

Exact Term Conclusion: You have agreed to a 12 months term, unless another commitment date is otherwise specified in the contract. If Dots SPACE permits you to continue beyond the last day of the term in this agreement without a written and executed agreement extension or renewal (at the Dots SPACE’s discretion), You are required to provide a thirty day (30) written notice for termination on the 1st day of the month, otherwise this notice will extend to the 1st day of the following month. If we receive the notice on any other day of the month (other than the 1st), you will be charged the next month automatically. In other cases, you are always responsible for payment to the end of the next billing cycle. For example, if the last day of your notice falls in the middle of the month (April 15th for instance), you are still responsible of paying for that whole month (April). You accept that this agreement is not considered terminated, regardless of the term conclusion date stated above, unless and until written notice, as noted above, is submitted by You to the Management. If that date is after the term conclusion date stated above, the retainer fee is not to be used or applied towards the licensing fee or any outstanding invoices. This is an automatic renewal contract. The company can cancel at any time with a 30 days notice. Cancellation goes into effect after the next billing cycle ends.

Cobot Terms and Conditions

Cobot is the web platform used by dots SPACE Culver City to provide this website.

1. General

1.1. Upstream-Agile GmbH, Adalbertstraße 7-8, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 110149 B (“upstream”) provides an application to manage coworking spaces via its website www.cobot.me (the “Service” or “Services” or “Cobot”) as further specified on www.cobot.me (the “Website”).

1.2. All contractual relationships between upstream and any customer of upstream using Cobot (“Customer”, together with upstream the “Parties”, each a “Party”) shall be governed by these terms of service (“Terms of Service”). By registering on the Website or using Cobot, the Customer agrees to be bound by these Terms of Service.

1.3. Standard business conditions and/or general terms and conditions of the Customer do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.

2. Registration

2.1. Any use of Cobot requires prior registration on the Website by creating an account (“Account”) and the acceptance of these Terms of Service. Customer must provide accurate and complete information and keep the Account information updated.

2.2. Customer is solely responsible for the activity that occurs on their Account. Customer shall keep their login data (password) confidential and prevent any unauthorized use by third parties. He shall immediately inform upstream if there are indications that any third party is misusing their account.

3. Use of Services

3.1. Offers published by upstream on the Website are non-binding.

3.2. The Customer may use Cobot for a trial run after registering. The Customer may only register for a trial run once. If a Customer registers for more than one trial run, upstream will have the right to delete these additional Accounts.

3.3. By registering on the Website according to section 2 hereof and subscribing to a subscription plan, the Customer makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by upstream by making available the respective Service. Upon the acceptance of a subscription a contract governed by these Terms of Service between the Customer and upstream is concluded (the “Contract”).

4. Prices and Payment

4.1. The price for using Cobot depends on the number of members which are using the coworking space of the respective Customer (each a “Member”).

4.2. The Customer will be required to provide upstream with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the Customer is authorized to approve charges to allow upstream to collect payment from the Customer for their subscription plan. The Customer authorizes upstream to automatically and immediately bill the Payment Source when payments for subscription plans are due. The Customer shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the Customer.

4.3. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and then on a monthly or, as applicable, annual basis.

4.4. The prices stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the Customer.

5. Contract Period, Termination of Contract, Cancellation of account

5.1. The Contract runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with the Terms of Service.

5.2. The Parties may terminate this Contract for any or no reason at their convenience to the end of each month.

5.3. The Customer having used the trial run may unsubscribe from Cobot anytime without giving reason and without notice by using the respective button in their account.

5.4. The right of termination for cause and without notice remains unaffected for both Parties. A good cause for termination shall include, but shall not be limited to, any of the following events:

5.4.1. the Customer fails to comply with any applicable legal provisions;

5.4.2. a serious breach of the Customer of obligations arising from these Terms of Service by the Customer;

5.4.3. an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;

5.4.4. the Customer fails to pay the fees for the ordered Services;

5.4.5. a proceeding to wind-up the Customer or similar is brought against, or by the Customer (especially including insolvency and creditor protection scenarios and similar).

5.5. Any termination declaration shall be made via the “termination” button within the Account.

5.6. In the event of termination,

5.6.1. the Account of the Customer will be disabled and the Customer may not be granted access to their Account or any files or other content contained in the Account although residual copies of information may remain in upstream’s system;

5.6.2. any rights of use granted to Customer for using Cobot shall expire immediately and Customer shall cease to use the Services;

5.6.3. upstream will not refund any prepaid fees to Customer.

5.7. After a period of inactivity, whereby a user fails to log in to an Account for a period of nine months, upstream reserves the right to disable or terminate the Account. If an Account has been deactivated for inactivity, the subdomain associated with that Account may be given to another Customer without further notice.

6. Intellectual Property Rights

6.1. Subject to these Terms of Service, and for the duration of the Contract, upstream grants the Customer a non-exclusive license to use the Services, which non-exclusive license is hereby accepted by Customer (the “License”). The License shall be granted as non-exclusive, non-assignable, non- transferable, with no right to sub-license, worldwide limited right to use the Services. Customer is responsible for its staff’s compliance with the Terms of Service.

6.2. The scope of the License shall be subject to and limited by the number of Members as agreed between upstream and the Customer.

6.3. upstream does not claim any ownership in any of the content uploaded, transmitted or stored by the Customer in its Account. upstream will not use any of such content for any purpose except to provide the Customer with the Services.

7. Proper use

7.1. The Customer agrees that they are responsible for their own communications and for any consequences thereof. The Customer shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. In particular, the Customer shall, shall not agree to, and shall not authorize or encourage any third party to:

7.1.1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware or is otherwise objectionable as reasonably determined by upstream;

7.1.2. upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

7.1.3. prevent others from using the Service; or

7.1.4. use the Service for any fraudulent or inappropriate purpose.

7.2. upstream reserves the right to delete any infringing content according to this section 7, terminate the Services and/or suspend Accounts of a Customer that is violating any of these Terms of Service, in particular this section 7.

8. Representations and Warranties

The Customer represents and warrants that (i) all information provided by them to upstream to participate in the Services is correct and current; and (ii) the Customer has all necessary right, power and authority to enter into the Contract and to perform the acts required of Customer hereunder.

9. Indemnification

9.1. The Customer will indemnify, defend, and hold harmless upstream and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Customer’s use of the Website and/or Services; (ii) any breach by the Customer of any warranty defined in section 8; (iii) any claim that the Customer’s content distributed via the Services caused damage to a third party.

9.2. In cases of an aforementioned enforcement of claims by third parties, the Customer will provide upstream with all their information that is needed for the examination of the claim and for the defense against it. The Customer provides the information immediately, truthfully, and completely.

9.3. The regulation of liability of the Customer or their obligation of indemnification shall apply to the same extent in the event of an act of a Member of the Customer.

10. Limitation of Liability

10.1. upstream’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover

10.1.1. damage from injury to life, body or health caused by upstream;

10.1.2. damages caused by upstream that are a result of willful intent or gross negligence;

10.1.3. damages caused by upstream as a result of slight negligence in the event of upstream’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;

10.1.4. upstream’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers upstream’s liability.

10.2. Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

10.3. The limitations and/or restrictions of upstream’s liability shall also apply to the personal liability of its legal representatives and vicarious agents.

10.4. upstream will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.

11. Use for reference

The Customer agrees that upstream may use information of the Customer provided by them (i.e. the name/trademark) for marketing purposes as reference on the Website. The Customer may withdraw such consent by writing an email to upstream to support@cobot.me.

12. Privacy Policy

upstream provides the Customer with information on how data is collected and processed in Upstream’s Privacy Policy.

13. Miscellaneous

13.1. These Terms of Service shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the courts of Berlin.

13.2. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.

13.3. upstream reserves the right to change these Terms of Service at any time without indicating the reasons. upstream will notify Customer of the changed Terms of Service on the Website or via email no later than two (2) weeks before the refined terms will take effect. In case Customer objects the new Terms of Service they may terminate the Contract with a period of two (2) weeks upon receipt of the information about the changes by upstream via the “termination” button within the Account.

back