Tel. 828-357-5372
Tel. 828-357-5372
Our community coworking space works because we all commit to making it work together. Please read these terms carefully to understand your rights and protections,
· “Us” or “Town Corner” means Town Corner Coworking, or its assignee.
· “You” or “Member” means the entity or individual listed on the Membership Form.
· “Premises” means any Town Corner office space at which the Services are provided, including that listed on the Membership Form.
· “Fellow Member” means any entity or individual which is a member of Town Corner but is not the Member.
· “TOU” means these Terms of Use.
· “Membership Agreement” means the membership agreement consisting of the TOU, the Membership Form, the Community and Facility Rules and the Internet Policy.
· “Authorized User” means each person you authorize on your User List as being allowed to receive the Services (defined below)
1. Acceptance of Terms. Town Corner agrees to provide you the Services (defined below) subject to the terms of this Membership Agreement. Town Corner reserves the right to modify and/or update the TOU, Community and Facility Rules and the Internet Policy from time to time. If Town Corner changes the TOU or the Community and Facility Rules, we will post the modification on our website or otherwise and provide you with notice of the modification.
2. Description of Services. Town Corner may provide you with exclusive access to office space, non-exclusive access to office space, workstations, internet service (wired and/or wireless), office equipment, conference space, knowledge resources, and other services as Town Corner may offer from time to time pursuant to the terms of the membership plan indicated on the Membership Form (Town Corner, “Services”). The Services and the Membership Agreement are personal to you and may not be assigned to, transferred to or shared with any other party.
3. Representations and Warranties. You hereby represent and warrant that you have all requisite legal power and authority to enter into the Membership Agreement, and that your Member Signatory has the authority to bind you to this Membership Agreement.
4. Use of Services.
a. You will (and will cause your Authorized Users to) always comply with all relevant laws and regulations in your use of the Services. Without limiting the foregoing, you agree that when on the Premises or using the Services, you (including your Authorized Users) will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use any material or information in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; create a false identity for the purpose of misleading others; obstruct any access to the Premises; create any circumstances of disrepair or damage any Town Corner property or the Premises; bring any pets onto the Town Corner Premises (unless permitted by law); disrupt, cause a nuisance to or interfere with any Fellow Members or Fellow Members’ access to the Services; or otherwise violate this Membership Agreement, including the Community and Facility Rules.
b. If you have been assigned an office in the Building, Town Corner reserves the right to relocate you to a different office, offices or desks at any time, in the event of a natural disaster, building defects, or any other occurrences deemed to protect a Town Corner member, staff, or client.
c. You may designate a certain number of individuals, as indicated on the membership form, to use, access, and/or receive the Services in accordance with this Membership Agreement. All Authorized Users must be designated in writing to Town Corner prior to being entitled to the Services. You mat replace an Authorized User at any time by causing the Member Contact to send an email to info@townhardwarecoworking.com, which must include the name(s) and email address(es) of the departing and new Authorized User(s) and the effective date of the change. The changes will not take effect until Town Corner confirms in writing that it has accepted and applied the change. An Authorized User will no longer be allowed access to the Services upon the earlier of (1) the termination or expiration of this Membership Agreement; (2) your removal or replacement of such Authorized User; or (3) written notification to you that such individual is terminated as an Authorized User. Town Corner may terminate an individual as Authorized User at Town Corner’s sole discretion, however Town Corner will endeavor not to terminate any individual as an Authorized User unless such individual has caused Fellow Members to complain to Town Corner or if such individual violated this Membership Agreement (including the Community and Facility Rules and Internet policy). If the number of Authorized Users or individual regularly using your Office Space exceeds the number allocated on your Membership Form, you will be required to pay the then-current additional applicable fee. Town Corner reserves the right to limit the number of Authorized Users allowed at any point. By sending Town Corner a request to add an individual as an Authorized User, you are representing an warranting that you have obtained the necessary consent from such individual to provide Town Corner the contact or other information about the individual.
5. Payment Terms.
a. Upon submitting a signed and completed Membership Agreement, and Agreement Deposit, you will deliver to us the monthly fee contained in your Membership Agreement (the “Member Fee”) for the first month without demand, prorated as of the number of days remaining in such month. Afterward, you will pay the Member Fee monthly, in advance, on the first day of the month. Should the Member not fulfill their obligations per this Agreement, including paying the first monthly fee within seven business days of the first Pay Date listed in this Agreement, the Agreement Deposit shall be forfeited.
b. You agree to pay the monthly fee via an Automated Clearing House (ACH) debit transaction, other preauthorized electronic fund transfer, or major credit card. You are responsible for paying any fees of your financial institution associated with the preauthorized payment.
c. Town Corner reserves the right to terminate the Membership Agreement and cease all Services in the event of a late payment, including any payment which is late due to insufficient funds. In the event that Town Corner does not exercise this right, you shall pay a late fee of 10% on all overdue balances and the Agreement Deposit shall be forfeited. Town Corner’s waiver of its termination right for any late payment shall not be deemed a waiver of such right as to any future late payment. Town Corner reserves the right to withhold the Services, including barring your entry to the Premises while there are any outstanding fees and/or interest. You agree to waive all rights of set off as to the Member Fee.
d. Upon your breach of this Membership Agreement, in addition to any other rights which Town Corner may have, any discounts which you have been granted will automatically terminate, and all monthly fees for the duration of the original Agreement shall be due to Town Corner.
e. The Agreement Deposit is not a Member Fee and shall not be applied to monthly Membership Fees for any monthly fees associated with this Agreement.
6. Nature of this Agreement. This Membership Agreement is intended by the parties to be analogous to an agreement for accommodation in a hotel. The whole of the Premises remains our property, and in our possession and control. We are giving you the right to share with us the use of the Premises so that we can provide the Services to you. Notwithstanding anything in this Membership Agreement to the contrary, you and we agree that our relationship is not that of landlord-tenant or lessor-lessee and this Membership Agreement in no way shall be construed as to grant you or any Fellow Member any title, easement, lien, possession or related rights in our business, the Premises or anything contained in or on the Premises. This Membership Agreement creates no tenancy interest, leasehold estate, or other real property interest. The parties hereto shall each be independent contractors in the performance of their obligations under this Membership Agreement, and this Membership Agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture, for any purpose. Neither party will in any way misrepresent our relationship.
7. Town Corner Required Disclosures. Town Corner always reserves the right to disclose any information about you and/or your participation in and use of the Services as Town Corner deems reasonably necessary to satisfy any applicable law, regulation, legal process or governmental request.
8. Confidentiality.
a. You acknowledge and agree that during your participation in and use of the Services you may be exposed to nonpublic, confidential or proprietary information, including any information that you know or have reason to know should be treated as confidential (“Confidential Information”) about or proprietary to Town Corner or Fellow Members; and that Town Corner and Fellow Members may be exposed to or have access to your Confidential Information.
b. You will (and will cause your Authorized Users to): (a) maintain all Confidential Information in strict confidence; (b), not disclose Confidential Information to any third parties; and (c) not use Confidential Information in any way directly or indirectly detrimental to Town Corner or any other member or any user of the Services. (c) All Confidential Information remains the sole and exclusive property of the respective disclosing party. You acknowledge and agree that nothing in the Membership Agreement or your participation in or use of the Services, will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Town Corner or any member or any user of the Services. Notwithstanding the foregoing, you hereby waive any and all claims against Town Corner for any exposure or use of your Confidential Information. (d)You agree that this Membership Agreement, and any documentation or correspondence related thereto (including in the context of any dispute) is Confidential Information.
9. Our Reserved Rights. Town Corner may enter the Premises at any time for any purpose. Town Corner may suspend or discontinue any portion of the Services for any reason at any time, however, Town Corner will attempt to notify its members verbally or electronically in advance of such suspension or discontinuance, except in the case of routine maintenance or emergency. Town Corner may modify or reduce the furnishings in the Premises at any time.
10. Waiver and Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOWN CORNER PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS WITH RESPECT TO THE SERVICES ALLWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO THE QUALITY OR ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES AND THE PREMISES, REMAINS WITH YOU AND YOU HEREBY WAIVE ALL RIGHTS OF RECOVERY FOR ANY LOSS RELATED TO YOUR ACCESS TO, PARTICIPATION IN OR USE OF THE SERVICES, INCLUDING IN THE CASE SUCH LOSSES ARE THE RESULT OF TOWN CORNER’S NEGLIGENCE.
11. Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOWN CORNER OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (“ AFFILIATES”), JOINTLY AND INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE THE SERVICES OR THE PREMISES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS MEMBERSHIP AGREEMENT,EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF TOWN CORNER, AND EVEN IF TOWN CORNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability and Remedies. THE ENTIRETY OF YOUR RIGHTS UNDER THIS MEMBERSHIP AGREEMENT ARE ENFORCEABLE ONLY AGAINST TOWN CORNER, AND YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RIGHTS OF RECOVERY WHICH YOU MAY HAVE AGAINST ANY AFFILIATE. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF TOWN CORNER OR AFFILIATES UNDER ANY PROVISION OF THISMEMBERSHIP AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUALDAMAGES INCURRED BY YOU UP TO A MAXIMUM OF THE TOTAL FEES PAID BETWEEN THE DATE YOU STARTED USING THE SERVICES AND THE DATE ON WHICH THE CLAIM ARISES.
13. Termination.
a. Town Corner may immediately terminate this Membership Agreement: (i) upon breach of this Membership Agreement by the Member; (ii) upon termination, expiration or material loss of our rights in the Premises; (ill) if any outstanding fees are late; (iv) if you fail to comply with the terms and conditions of the Membership Agreement or any other policies or instructions provided by us; or (v) at any other time, when we, in our reasonable discretion, see fit to do so; should Town Corner terminate membership the member(s) will have 72 hours to retrieve all of their office and personal items from the location.
b. Upon termination of the Membership Agreement, you agree to immediately remove any and all of your personal property from the Premises. Any property left behind is forfeited and may be destroyed. You will remain liable after termination for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of this Membership Agreement.
c. Upon expiration of this Agreement, Member shall be required to give a minimum of 30 days’ written notice to Town Corner prior to cancellation of Membership.
14. Non-Disparagement. You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Town Corner, or any of Town Corner’s managers, members, officers, advisors, employees, personnel, agents, policies, services or products, other than to comply with a court order or applicable law.
15. Release and Indemnity. You release, and hereby agree to indemnify, defend and save harmless Town Corner and Affiliates, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses (including, without limitation, reasonable attorneys’ and consultants’ fees and costs), judgments, fines and penalties based upon or arising out of your negligent actions, errors, omissions, willful misconduct and/or fraud in connection with the breach of this Membership Agreement by you or by your or your guests’ participation in or use of the Services. You further agree that in the event that you bring a claim or lawsuit in violation of this Membership Agreement, you shall be liable for any attorneys’ fees and costs incurred by Town Corner and Affiliates in connection with the defense of such claim or lawsuit.
16. Insurance. Town Corner carries liability and business personal property insurance. However, you are strongly encouraged to carry an insurance policy to cover your equipment and personal property while using the Premises. You waive any right of subrogation and right of recovery or cause of action for any damage or theft, destruction, or loss of property, or any injury including death to the extent the same is insured against under any insurance policy which you may have.
17. Internet Policy. Town Corner makes no representations whatsoever as to the security of the internet, wired or wireless telecommunications systems, or hosting services provided as part of the Services, or of any data or communications system or any information that you send through or place on it, and you have no expectation of privacy with respect to such systems. Town Corner is not responsible for any loss of data, information, business, goodwill or otherwise as a result of such interruptions. You are responsible to protect your own computers, devices and data, information, business and goodwill from damage or interference, including but not limited to viruses or malware. You agree to abide by the terms of Town Corner’s Internet and Privacy Policy (the “Internet Policy”), available at www.towncornercoworking.com or upon request. Town Corner may amend or change the terms of the Internet Policy at any time. If Town Corner suspects you have violated the Internet Policy, Town Corner will investigate and may institute legal action, immediately deactivate Services to any account without prior notice to you and cooperate with law enforcement authorities in bringing legal proceedings against violators, and you agree to reasonably cooperate with Town Corner in all such actions. You agree to indemnify Town Corner for any damages to the Town Corner infrastructure or business caused by your violation of the Internet Policy.
18. Privacy Policy. We may collect, process and/or use personal data about you in a variety of ways, including personal data that may be provided by you upon execution of this Agreement or during your or the Members’ membership, and information that may be gathered from our security cameras located on the premises. We may collect, process, use, store and transfer personal data in accordance with applicable laws, for various purposes including facilitating the Services, perform accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations, to enforce or manage legal claims and otherwise in accordance with the Internet Policy. For the purposes stated above, we may transfer the personal data collected by us and make it available to our personnel advisors, professionals, subcontractors, independent consultants, external third-party services providers and our affiliates.
19. Mediation and Arbitration of Disputes. If a dispute arises between us that we cannot resolve between ourselves, the alternative dispute resolution process of this paragraph will apply. You and we shall maintain confidential the entry into, contents of or result of any alternative dispute resolution, unless required by law.
a. Mandatory Mediation. You and we agree that any and all disputes, claims or controversies arising out of or relating to the Membership Agreement shall be submitted to a third-party mediator, for mediation, and if the matter is not resolved through mediation, then it shall be submitted the mediator for final and binding arbitration pursuant to Section 20(b) below. If, for any dispute, claim or controversy to which this Section 20(a) applies, any party (i) commences an action without first attempting to resolve the matter through mediation before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorneys’ fees, even if they would otherwise be available to that party in any such action. We will cooperate with one another in selecting a neutral mediator in scheduling the mediation proceedings. You and we agree to participate in the mediation in good faith and to share equally in its costs.
b. Arbitration. Any dispute, claim or controversy arising out of or relating to this Membership Agreement or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of this Membership Agreement to arbitrate, shall be determined by arbitration in the same city where the real property and Membership Agreement exists, before one arbitrator who is (i) a retired judge from the Superior Court of North Carolina in Buncombe County; or (ii) an attorney with at least ten (10) years of active practice in relevant areas of law. The arbitration shall be administered by the mediator. Judgment on the arbitration award (“Award”) may be entered in any court having jurisdiction. Nothing in this Section 20(b) shall preclude Town Corner from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
c. No Class Actions. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that you will not bring, participate in or instigate any class arbitration, class action, private attorney general action or consolidation with other arbitrations in connection with any matter arising out of or touching on this Membership Agreement, your membership in Town Corner, or your use of the Premises.
20. Miscellaneous.
a. Entire Agreement. The Membership Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and therein, and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter.
b. Severability. If any provision or portion of the Membership Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of the Membership Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
c. Waivers. No waiver of any provision of this Membership Agreement shall be binding on Town Corner unless executed in writing by an authorized representative of Town Corner.
d. Successors and Assigns. The Membership Agreement shall be binding on your heirs, legal representatives, successors and assigns.
e. Notice. All notices, requests, demands or other communications for which the Membership Agreement provides shall be in writing and shall be addressed at the following addresses: (1) if to Town Corner: Town Corner Properties, LLC, 117 E Charleston Ave., Swannanoa, NC 28778, Attn: Peter Ballhaussen (2) If to you: at the address you provided in the Membership Agreement. All notices under the Membership Agreement shall be effective: (a) forty-eight (48) hours after deposit in the U.S. Mail, postage prepaid, registered or certified mail, return receipt requested; (b) upon delivery, if delivered in person to the address set forth above; or (c) upon delivery, if sent by commercial express service, such as Federal Express, except that notices of change of address shall be effective upon receipt.
f. Attorneys’ Fees. If Town Corner shall bring any action for any relief against you arising out of the Membership Agreement, including arbitration pursuant to Paragraph 19 above, the non-prevailing party shall pay to the prevailing party a reasonable sum for attorneys’ and consultants’ fees and costs incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
g. Survival. Sections 5, 10, 11, 12, 13, 15, 16, 18, 19 and all other provisions of this Agreement reasonably expected to survive the termination or expiration of this Agreement will do so.
h. Governing Law. The rights and obligations hereunder shall be governed by, and the Membership Agreement shall be construed and enforced in accordance with, the laws of the State North Carolina, where the real property and Membership Agreement exists. Venue for the resolution of any dispute arising out of the Membership Agreement shall be Buncombe County, North Carolina, where the office location and real property for the Membership Agreement exists.
These Community and Facility Rules (“Community Rules”) form a part of and are incorporated into the Membership Agreement between you and Town Corner and describe the manner in
which you must use of the services provided by Town Corner. If you have any questions
about these Community Rules, please contact info@towncornercoworking.com. By using the
Services, you are agreeing to abide by and be bound by these Community Rules.
Collaboration, Sharing and Mutual Respect.
A major benefit of Town Corner membership is access to your fellow members. We absolutely encourage Town Corner members to make connections, collaborate on projects, share ideas, provide advice, and generally make great stuff happen. However, members may NOT spend a large part of their time at the Premises directly soliciting other members and this could result in cancellation of your membership were it to continue after you were cautioned. Town Corner is
fundamentally a place to work. While we want our community to be open, fun, energizing, and
collaborative, we also want it to be professional, and the interest thereof, all members, guests
and other users of the Services must abide by the following rules and requirements:
1. Every person using Town Corner Services must be a paid member. Exceptions are limited to: (a) Day Pass holders; (b) non-members who may use Town Corner Services when they are meeting Town Corner members at the Premises for business-related meetings; and (c) non-member attendees of special events in the Premises. Members are accountable for the conduct of their guests. Members must immediately notify Town Corner of any additional usage of the Services beyond that designated in their current Membership Agreement. Town Corner reserves the right to refuse access to any persons, including Members, that Town Corner in good faith judges to be a threat to the safety, reputation, or property of the Premises and its occupants.
2. Town Corner key cards can be obtained only from Town Corner, at your cost, and are NOT transferable. You are not authorized to copy or to give or “loan” your keycard to anyone else for any reason. Town Corner may cancel your membership if we discover that you have violated this rule. Town Corner may require deposits for such key cards, which deposits will not be held in an interest-bearing account.
3. Please keep the kitchen area clean. Please wash, dry, or place in the dishwasher your cups, glasses and dishes. Please take care of your guests’ items as well.
4. Please label and date all food and beverages you put in the refrigerator. Town Corner reserves the right to throw anything in the refrigerator away that should be thrown out, in our judgment.
5. If you drink the last cup of coffee, please make a new pot as a courtesy to others.
6. Discrimination toward and harassment of others are prohibited in the Premises. Town Corner has a zero-tolerance policy for any remarks or behavior that fails to respect the dignity and feelings of any individual in or from the Premises.
7. You agree to keep your workspace clean and orderly and to remove all trash, packaging and boxes from your workspace or common space frequently.
8. Your membership in Town Corner affords you access to the conference and meeting rooms. Please note the following regarding these: To ensure that the rooms are always available members must book them prior to use using the scheduling software provided by Town Corner.
9. There is no drop-in use of conference rooms.
10. You may not re-sell or donate your conference room time to any non-member or to groups having non-members.
11. Please clean up after using the conference or meeting room. If you re-arrange the furniture, please return it to the original set-up when you’re finished. Please erase the white boards after use.
12. If you want to hold an event at the facility, please talk to the Town Corner staff to discuss scheduling, guest policy, insurance requirements, and fees if applicable.
13. Town Corner is a 24/7 facility for members with private offices. Members are expected to be always mindful of security at the Premises and of the safety of others. You are welcome to proudly display your company name on a single, removable sign as long as your signage does not damage walls in the Premises or Town Corner’s or others’ property. Your sign may be no larger than one square foot or the equivalent area.
14. You may not use the name of Town Corner, our phone number or email address, the name of the Building or any picture of the Building in connection with, or in promoting or advertising your business or any endorsement of or testimonial with respect to your business without the prior written consent of Town Corner. You may, however, use the address of the Building as the address of your business.
15. In the unlikely event that Town Corner waives any Community Rule as to you or any member, such waiver shall not constitute a waiver of any other rule or regulation or any subsequent application thereof to you or any other member.
Rules of the Premises
Town Corner members and guests must abide by the following rules and regulations regarding the Premises.
1. You may not place anything, or allow anything to be placed where it may, in Town Corner’s judgment, appear unsightly from the outside of the building in which the Premises are located (“Building”).
2. The sidewalk, halls, passages, exits, entrance, and stairway shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises.
3. You agree to use the Premises so as not to necessitate any unnecessary
janitorial labor or services and will throw all waste in appropriate receptacles.
4. You cannot cook in the Premises (excepting use of the coffee maker and microwave) and cannot sleep in or otherwise use the Premises for lodging.
5. The Town Corner facility is smoke, tobacco, and illegal substance free. You, your employees and invitees may not smoke, vape, chew tobacco or carry lighted cigars or
cigarettes inside the premises.
6. You may not bring upon, use or keep in the Premises or the Building, any inflammable, combustible or explosive material, or use any method of heating or air conditioning other than that supplied by Town Corner.
7. Upon the termination of Services, you will deliver to Town Corner all keys, key cards, openers and passes for doors and gates which have been furnished to you.
8. You will (and will cause your Authorized Users to) use reasonable efforts to cause the exit doors to the Premises that you have opened to be closed and securely locked before leaving the Building. You and the other members assume full responsibility for protecting the Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured.
9. You will cooperate fully with Town Corner to assure the most effective operation of the heat and air conditioning system for the Premises and will refrain from attempting to adjust any controls. You will (and will cause your Authorized Users to) keep corridor doors closed.
10. Except with the prior written consent of Town Corner, you will not sell or cause to be sold any items or services in the Premises, nor will you carry on or permit or allow any employee or person to carry on the business of machine copying, stenography, typewriting or similar business in or from the Premises for the service or accommodation of occupants of any portion of the Building without written consent of Town Corner.
11. You will (and will cause your Authorized Users to) not install in, affix to, or bring into the Premises any furniture, fixtures, or equipment without the consent of Town Corner. You will (and will cause your Authorized Users to) not place graffiti on or deface the walls, partitions or other surfaces of the Premises or the Building.
12. On Saturdays, Sundays, federally observed holidays and on other days during certain hours for which the Building may be closed after normal business hours, access to the building space will be controlled by Town Corner using a key card system. This system will verify any and all persons seeking access to the Building through the use of proper identification to determine if they have rights of access to the Premises. Town Corner will in no case be liable for damages wherein admission to the Building has not been granted during abnormal hours by reason of your failing to properly identify yourself through the use of a key card, or through the failure of the Building to be unlocked and open for access by you, your employees and general public. Nothing contained herein will obligate Town Corner to provide such key card system or to make Town Corner liable for any act or omission or failure of such system and the key cards which may be provided.
13. You will (and will cause your Authorized Users to) not change locks or install other locks on doors without the prior written consent of Town Corner.
14. You will (and will cause your Authorized Users to) not damage or inappropriately use any toilet rooms, plumbing or other utilities. You will give prompt notice to Town Corner of any accident or damage to or defects in electrical, plumbing, mechanical, telecom, heating, ventilation and air conditioning, or other systems or apparatus known to you so the same may be attended to properly.
15. As a courtesy to Members, Town Corner will accept packages on Member’s behalf that are delivered in Member’s absence to the Premises. Member hereby authorizes Town Corner’s representatives to accept on Member’s behalf any packages that are addressed to Member and delivered to the Business Office due to Member’s absence and agrees to hold Town Corner and such representatives harmless for signing for receipt of such packages and for any loss of or damage to the packages.
16. You will not make or permit any noise or odors that annoy or interfere with other members or persons having business in the Premises. You will (and will cause your Authorized Users to) not bring anything in or around the Premises or Building that is excessively heavy or that causes excessive vibration in any part of the Building.
17. Neither you nor your Authorized Users will keep animals or birds in the Premises nor bring bicycles, scooters, skateboards or other modes of transportation into areas not designated for them.
18. You will not employ any service or contractor for services or work to be performed in the Building, except as approved by Town Corner.
19. You, your employees and invitees may not go int the attic or on the roof of the Building.
20. You will (and will cause your Authorized Users to) comply with all safety, fire protection and evacuation regulations established by Town Corner, the owner of the Building or any applicable government agencies.
21. Town Corner does not provide parking access to any Member or Authorized User, or Guest. Public parking is available on State Street, Cherry Street, Broadway Avenue and Church Street, as well as in several designated parking lots within easy walking distance to the premises. Town Corner will be responsible for any damage to vehicles, injury to persons or loss of property, all of which risks are assumed by the party using the public parking areas.
22. The Building owner reserves the right to modify these rules and/or to adopt such other reasonable rules and regulations as it may from time to time deem necessary for the proper operation of the Building. You agree to abide by all such existing, modified and new rules and regulations.
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