Last Updated: July 5, 2018
This Agreement (the “Agreement”) governs your use of the website and all content, services, and products available at or through the website and apps (taken together, the “Website”) owned, operated, and made available by Hit Reset, a Texas LLC (the “Company”).
The following terms and conditions also govern your use of any co-working office space offered or advertised through the Website, or amenities offered at the co-working office space (the “Spaces”). Please read this Agreement carefully before accessing or using the Website and Spaces. The Website and Spaces are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time by the Company. By accessing or using any part of the Website or by using the Spaces you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, then you may not access the Website or use the Spaces. The Website and Spaces are available only to individuals who are at least 18 years old.
References to “you”, “your” and similar words refer to the individual or entity using the Website and/or Spaces and agreeing to be bound by the terms herein. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have all necessary right, authority, and consent to bind such entity to this Agreement.
The services Reset (also “Hit Reset LLC”) provides to you are subject to the following Terms and Conditions (T&C). Reset reserves the right to update the T&C at any time without notice to you. A Reset membership application does not create a tenancy but a usage license for provided amenities on a monthly or daily basis.
Description of Services
Reset may provide you with access to office/restaurant space, workstations, Internet access, equipment (plugs, outlets), knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the T&C.
No Service Offered
Reset only operates Monday through Friday.
Reset will not be in operation for the following holidays:
Labor Day - Monday September 3, 2018
Thanksgiving Thursday - Thursday November 22, 2018
Day After Thanksgiving - Friday November 23, 2018
Christmas Eve - Monday December 24, 2018
Christmas Day - Tuesday December 25, 2018
New Years Eve - Monday December 31, 2018
Your use of the Website and/or Spaces may be immediately suspended or terminated if the Company is unable to collect payment from you for any reason. The Company, at its sole discretion, may make promotional offers with different features and different rates to any of its customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for its Website or Spaces as it deems necessary.
Use of Spaces
If you use the Spaces, you agree to be bound by and comply with any additional terms, conditions, and policies provided by the owner, tenant, and/or property manager of the Spaces (the “Space Owner”) relating to the use of a specific Space, including compliance with building security procedures and IT access and use procedures (collectively, the “Venue Policies”). The Company and/or the Space Owner may record your activity in the Space for the purpose of your and other members’ security. The Venue Policies may be provided in electronic format through the Website or in hard copy format.
While you use a Space, the Company and/or the Space Owner will provide the following services: (a) exclusive use of a workstation within the Space; (b) furnishings, including work space and chairs; (c) access to shared internet connection; (d) heat, air conditioning, electricity, and bathroom facilities; and (e) beverages, including coffee, tea, and water. Reasonable measures will be taken to accommodate larger groups of paying members.
You acknowledge that the Spaces will be shared spaces, and that the Space’s personnel, other Reset users, and their guests will use the Space simultaneously with your use. The Company will use commercially reasonable efforts to enforce this Agreement with respect to Reset users, but assumes no responsibility for the actions of such users, of their guests or of the Space’s personnel. You understand that neither the Company nor the Space Owner is responsible for any property you may leave behind in a Space.
You further agree that: (i) you will only use the Spaces for lawful purposes; (ii) you will not use the Spaces for any illegal or inappropriate purposes, including gambling, prostitution, pornography, sexual activity, drug or human trafficking, money laundering, drug use, alcohol abuse, violent or threatening behavior, bigotry, bullying, hate speech, or any other purpose reasonably likely to reflect negatively on the Company or the Space Owner; (iii) you will not violate any local, state, or federal law or regulation; (iv) you will not smoke or vape in the Spaces; (v) you will not light or allow any candles, incense sticks, or open flames in the Spaces; (vi) you will not use the Space in a retail or whole sales, or other capacity involving frequent visits by members of the public; (vii) you will not disparage, dilute, tarnish, or otherwise harm the Restaurant (“Restaurant” is defined as any one of Reset’s partner restaurants serving as workspaces) or its relationships with its customers in any way; (ix) you will not compete with the business conducted by the Restaurant; (x) you will not solicit, induce, or encourage the Restaurant’s employees or contractors to terminate his, her, or their relationship with the Restaurant; (xi) you will not impersonate any person or entity or falsify or otherwise misrepresent affiliation with any person or entity; (xii) you will not engage in any disruptive, circumventive, abusive or harassing behavior; (xiii) you will not access, tamper with, or use any non-public areas of the Restaurant (including the bar, kitchen, basement, office, and storage areas); (xiv) you will not violate the privacy or intellectual property rights of others; (xv) you will not make excessive noise in the Spaces, or create any noise or conduct any other activity which would, in the Company’s judgment, disturb other persons in the Space; (xvi) you will follow all additional regulations regarding the Space as may be communicated by the Space Owner, or through the Website, posted signs, or otherwise; (xvii) you will not use the Spaces for sending or storing any unlawful material or for fraudulent purposes; (xviii) you will not have mail or packages delivered to the Spaces unless given prior express written consent by an officer of the Company; (xix) you will not install, remove, or modify any fixtures, equipment, machinery, or appliances in the Spaces; (xx) you will not damage, injure, deface or destroy the Spaces or anything in the Space and understand that you may be held liable (and do hereby authorize the Company to charge you) for the replacement or repair cost for all damage to the Spaces and items therein during your use thereof; (xxi) you will not use the Spaces to cause nuisance, harassment, annoyance or inconvenience; (xxii) you will not impair the proper operation of the Spaces and will not try to harm the Spaces in any way whatsoever; (xxiii) you are responsible for leaving the Spaces in a clean and tidy condition; and (xxiv) you will leave the Spaces at the end of the rental period or as otherwise directed by the Company or the Space Owner.
You further acknowledge that your use of the Spaces does not create a lease between you and the Company or the Space Owner, but is rather a limited, revocable, non-exclusive, non-transferrable, contractual license on the terms of this Agreement. In its sole discretion and without limiting any of the Company’s other rights hereunder, the Company may restrict your access to the Spaces in the event of fraud, trespassing, illegal activity, or violation of any of the terms of conditions of this Agreement.
You agree that when participating in or using the Services, you will not: Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise); Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Reset servers. Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker. Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner. Restrict or inhibit any other user from using and enjoying the Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules). Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party. Violate any applicable laws or regulations; or Create false identity for the purpose of misleading others.
Use of Website
Subject to your compliance with the terms and conditions of this Agreement, the Company grants to you a limited, revocable, non-exclusive, non-transferrable license to use the Website. You shall not: (i) use the Website for any illegal or inappropriate purposes, including gambling, prostitution, pornography, sexual activity, drug or human trafficking, money laundering, drug use, alcohol abuse, violent or threatening behavior, bigotry, bullying, hate speech, or any other purpose reasonably likely to reflect negatively on the Company or the Space Owner; (ii) impair the proper operation of the Website; (iii) use the Website to cause nuisance, harassment, annoyance or inconvenience; (iv) use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Website except as expressly permitted in this Agreement; (v) access the Website in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics of the Website; (vi) launch an automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms; (vii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (viii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (ix) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (x) interfere with or disrupt the integrity or performance of the Website or Spaces or the data contained therein; or (xi) attempt to gain unauthorized access to the Website or Spaces or their related systems or networks. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by the Company.
The Company has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use, or effects. Content relating to the Spaces, including but not limited to narrative descriptions, capacity, noise, light, technology, and photos, are provided solely by the Space Owners. The Company is not responsible if the Space Owners have misrepresented or omitted any aspect of the Spaces. Reviews of the Spaces are provided solely by Reset users, and the Company is not responsible if such users have misrepresented any aspect of the Spaces. By operating the Website, the Company does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use of the Website by visitors, or from any downloading by those visitors of the content there posted.
The Company respects copyright law and expects you to do the same. It is the Company’s policy to terminate in appropriate circumstances users or other Account holders who infringe or are believed to be infringing the rights of copyright holders.
No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair Reset’s server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Reset or Reset Partner/Location server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or that you have no rights to. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
Renewals and Terminations
This Agreement is automatically renewed at the end of each period with consent of each party. The T&C must be adhered to at all times. Failure to follow T&C can result in non renewal or even early termination of the usage license. Reset reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the space rules. If this happens, Reset will not refund any amounts paid for unused periods that remain. Termination shall be in effect as of the end of that calendar month. Should Member not provide timely notice of termination to Reset then the Membership Period shall continue through to the end of that calendar month.
The member will be charged for their chosen membership option at check-in day of use or upon first use (for a monthly or x-pass membership). Payment is required during this period. Payment for casual usage is either paid on the day of use unless other arrangements have been made with Reset. Reset reserves the right at all times to disclose any information about you. Your participation in and use of the Services as Reset deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part in Reset’s sole discretion.
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Reset or any participant of using the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Reset, any analyses, compilations, studies or other documents prepared by Reset or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential. Your participation in and/or use of the Services obligates you to Maintain all Confidential Information in strict confidence; Not to disclose Confidential Information to any third parties; Not to sue the Confidential Information in any way directly or indirectly, or Reset or any participant or user of the Services. All confidential information remains the sole and exclusive property of Reset or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation 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 proprietary rights of Reset or any participant or user of the Services.
Participation In or Use of Services
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Reset does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
Disclaimer of Warranties
To the maximum extent permitted by the applicable law, Reset provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by the applicable law, in no event shall Reset, locations/spaces, partners, affiliates, divisions, and their past, present and future officers, agents, shareholders, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Reset, and even if Reset has been advised of the possibility of such damages. Limitation of Liability and Remedies 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 Reset or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
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 Reset, or any of Reset locations/partners, officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
You release, and hereby agree to indemnify, defend and save harmless Reset and Reset subsidiaries (whether or not wholly-owned), partners/locations, affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by Reset or its respective officers, partners/locations, or agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Reset carries a General Liability Policy insurance. As a user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Reset.
If you feel that we are not abiding by these Terms and Conditions, you may contact us at firstname.lastname@example.org.