Legal Agreement: Terms of Service
Foundry and Forge Office and Coworking Center (FFOCC)
Terms of Use and Membership Agreement
1. Acceptance of Terms
By accessing or using the services provided by FFOCC, located at 1011 W. 5th St., Washington, NC 27889, you agree to be bound by these Terms of Use ("TOU") and Membership Agreement, and the Cancellation Policy. If you do not agree to these terms, you may not use the services. FFOCC may modify or update this TOU at any time, providing notice to members within 30 days using your contact information on file.
2. Description of Services
FFOCC offers members access to office space, workstations, high-speed internet, office equipment, and conference space. Use of all services is subject to this TOU and the Cancellation Policy.
3. No Unlawful or Prohibited Use
You agree not to use FFOCC services for any unlawful or prohibited activities, including but not limited to:
- Unauthorized access to accounts, networks, or systems
- Credential harvesting or hacking attempts
- Activities that damage, disable, or impair FFOCC services or interfere with others' use of the services
- Violation of applicable laws or third-party rights
- Any activity that conflicts with your agreements with other parties.
4. Use of Services
When using FFOCC services, you agree not to:
- Engage in spam, pyramid schemes, or unsolicited messaging
- Harass, stalk, threaten, or violate the legal rights of others
- Distribute or upload offensive, obscene, or unlawful materials
- Infringe intellectual property rights of others
- Upload malware or attempt to damage others' property
- Restrict others from using the services
- Collect personal data without consent
- Misrepresent your identity
- Obstruct entryways or damage property
- Bring pets unless they are service animals or with prior approval
- Disrupt the environment with phone or device use in common areas
5. Confidentiality
You may be exposed to confidential information during your use of FFOCC services. You agree to maintain confidentiality, not disclose such information to third parties, and not use it in a manner that harms FFOCC or its members.
6. Participation and Liability
Your participation and use of services are voluntary, and you acknowledge that FFOCC is not liable for your access, participation, or any data loss resulting from your use of the services.
7. Disclaimer of Warranties
Services are provided "as is." FFOCC disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. You assume all risks related to the use of the services.
8. Limitation of Liability
FFOCC is not liable for indirect, incidental, punitive, or consequential damages arising from your use of the services.
9. Termination
FFOCC may terminate services at any time, including your participation, without notice if you violate this TOU or fail to pay membership fees. You must remove your property upon termination.
10. Indemnification
You agree to indemnify and hold FFOCC and its affiliates harmless from any claims, damages, or expenses arising from your use of the services, including attorney's fees incurred in enforcing this agreement.
11. Insurance
FFOCC carries liability insurance for the premises but recommends members carry insurance for personal property and equipment while using the space.
12. General Facility Policies
You agree to comply with facility rules, including maintaining cleanliness, respecting common areas, complying with safety procedures, and not bringing hazardous materials onto the premises. You must follow facility access protocols, return keys upon termination, and obtain approval for any modifications to the space.
13. Internet Policy
Wireless internet is provided, but FFOCC is not responsible for data loss or interruptions. You may not use the network for illegal purposes, infringe on others' rights, or attempt unauthorized access to systems. Improper use may result in suspension of services and legal action.
14. Miscellaneous
- This TOU and Membership Agreement, and the Cancellation Policy constitute the full agreement between you and FFOCC.
- Severability: If any provision is found invalid, the remaining provisions remain in effect.
- Waivers: Must be in writing to be enforceable.
- No Assignment: You may not transfer your membership without FFOCC’s written consent.
- Notice: Notices will be sent to your address on file.
- Governing Law: This agreement is governed by North Carolina law with venue in Beaufort County, NC.
- Attorney’s Fees: If legal action is required, the losing party will pay the prevailing party’s legal fees.
- Modification: FFOCC may modify this TOU with notice.
15. Membership Fees
- Payment: Due monthly on your membership anniversary via your designated payment method.
- Late Payment: Membership will terminate if payment fails and is not resolved within 5 business days.
- Changes: FFOCC may adjust fees after the contract period with 30 days' notice.
- Deposits: Rentals of private offices require a non-refundable $50 deposit collected at signup.
16. Use of Address
Member is authorized to use the address of Foundry and Forge Office and Coworking Center (FFOCC) with an assigned Suite number as the Member’s business address. If the membership terminates or charges are not kept current, FFOCC may terminate the Member’s right to use the address. For 30 days after termination or notice, FFOCC will either (a) hold mail for pickup or (b) return mail to sender at no charge. Beyond 30 days, FFOCC will hold mail for $75 per month. Member may use the address in advertising as:
Your Company Name or Your Name
1011 West Fifth Street, Suite XXX
Washington, NC 27889
I hereby acknowledge that I have read, understood, and agree to all terms in this TOU and Membership Agreement regarding participation in and use of the Services.