Allgemeine Geschäftsbedingungen

Terms and Conditions (to appease our attorney, you’re welcome Kurt)

  1. Overview These Terms and Conditions (the “Terms”) describe your rights and obligations in connection with your receipt and use of the services provided by MKE Co-Work LLC in connection with your Membership (defined below) and other services specified herein (the “Services”, as further described below). Please read these Terms carefully, as they affect your legal rights. If you have any questions about these Terms, please contact Hello@mkecowork.com. By using the Services, you are agreeing to abide by and be bound by these Terms.
  2. Who we are We create online and physical communities for entrepreneurs. Who we are for the purposes of these Terms is MKE Co-Work LLC. We reserve the right to change the legal entity that charges you for the Services. The relevant entity with which you enter into these Terms shall be known in these Terms as”MKE Co-Work”, “we”, “our”, “us”.
  3. Who you are References to “you,” “your” and similar words in these Terms refer to the individual or entity registering for any Services and agreeing to be bound by these Terms. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have all necessary right, authority and consent to bind such entity to these Terms.
  4. What is Membership Membership references any “monthly access”, “hot desk”, “private office”, “executive office”, “event space” or any other paid engagement with MKE Co-Work.
  5. Where we are References to “the space”, “premises” or similar words in these Terms refer to the location(s) your membership allows you to access.
  6. What up For the avoidance of doubt, references to “Services” in these Terms refer to your access to and use of our online member network, member-only events and offerings and space in any of our locations (each, a “Premises”) and certain other related services and features we provide. The exact Services you receive will depend on (a) the product or services you have purchased; (b) the Services available, which may vary by Premises and (c) additional features and Services selected by you, such as through a “Service Package”, which may be subject to additional guidelines, terms, conditions and/or rules (“Additional Terms”), including additional payment obligations. “Services” do not include, and we are not involved in or liable for, the provision of products or services by third parties (“Third Party Services”) that you may elect to purchase in connection with your Membership such as group health insurance, gym memberships or payroll services. Third Party Services are provided solely by the applicable third party (“Third Party Service Providers”) and pursuant to separate arrangements between you and the applicable Third Party Service Providers. These Third Party Service Providers’ terms and conditions will control with respect to the relevant Third Party Services. Some features of the Services may be subject to Additional Terms, which will be posted with those features or otherwise communicated to you. We will consider your use of those features your acceptance of the applicable Additional Terms, and those Additional Terms will be incorporated in these Terms by this reference.
  7. How we might change our Services or these Terms The availability and scope of the Services, as well as the availability and scope of benefits we offer in relation to Third Party Services, are subject to change from time to time in our sole discretion. Without limiting the generality of the foregoing, you acknowledge that our Premises, and the Services we may offer at any of our Premises, are also subject to change from time to time. From time to time, we may also make modifications, deletions or additions to these Terms and will provide you with notice of changes to these Terms or to Services that apply to you, by emailing the last email address provided by you in your profile. Most changes will be effective immediately upon notice, except that pricing and fee changes will be effective upon your next subscription period. If you don’t agree to the changes, you may cancel your Membership at any time, but note that there are no refunds for early cancellation.
  8. Check your creds The Services are available to members and guests who are at or above the legal drinking age in the jurisdiction where such member or guest is receiving such Services, unless we specify otherwise. 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 the Services.
  9. Passwords and access Don’t reveal your account password or transfer your remote access or credentials to anyone else (or let them use your account), and don’t make any copies of any keys, keycards, or other means of entry to our Premises (each, an “Access Device”). You are responsible for maintaining the confidentiality of your password and security of your Access Device. You must promptly notify us if you suspect your password or Access Device has been compromised. Access Devices remain our property, and you must return them immediately upon termination or expiration of your Membership. You may be charged a replacement fee for any lost or damaged Access Devices.
  10. Linking to a company During the registration process, you may identify a Company (defined below) with whom your profile is associated. Alternately, your individual profile may have been created by an authorized representative of your employer or other entity for which you provide services (a “Company”), and your profile will be associated with such Company. You agree that you will not falsely represent your association with any Company, impersonate any third party, or otherwise submit or present any false or misleading information to us or the community. If your Membership is provided by a Company, you may lose access to the Services upon termination or change in status of your relationship with such Company. If you are an authorized representative of an entity receiving the Services, you hereby warrant and represent to us that (a) you have the proper authority to create, terminate and maintain the company account and to add and remove individual members to and from the account and (b) you have obtained all necessary consent from any applicable individuals for the creation of their accounts and the processing of individual information within and outside of the US. You agree to indemnify us for any loss we may suffer as a result of any breach of these warranties and representations.
  11. Payments By signing up for a Membership and providing your payment information, you agree to pay us the recurring or nonrecurring fees associated with the particular Services you are purchasing, as displayed to you at the time you create your account and/or sign up for the relevant Services, or as updated by us from time to time upon notice to you. You acknowledge and agree that the payment method provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our Premises or property) in connection with the Services. Only a single payment method may be used at any given time to make payments for all Services you purchase in a single transaction. You must keep your payment information up-to-date and accurate. Recurring fees, which may include recurring membership fees (“Membership Fees”) and any other recurring fees you have agreed to in connection with the Services will be charged on the first (1st) of each month unless we notify you otherwise. Overage fees and other non-recurring fees will be charged within thirty (30) days of you accruing such fees. If payment for your Membership Fee or any other accrued and outstanding fee is not made by the tenth (5th) of the month in which such payment is due, you will be responsible for paying the then-current late charge. Your use of the Services may be immediately suspended, and eventually terminated, if we are unable to charge your payment instrument for any reason. When we receive funds from you, we will first apply the funds to any balances which are in arrears and to the earliest month due first. Once past balances are satisfied, any remaining portion of the funds will be applied to current fees due. The fees applicable to your account may be subject to modification from time to time, and such modifications will become effective upon your next subscription period. Your continued use of the Services following notice of any such modifications, and through the next 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.
  12. No refunds All fees are non-refundable.
  13. Service Restrictions Your Membership, to the extent applicable, is specific to you. You cannot add additional members to your account or share your account credentials or Access Device with any other individual. Furthermore, you must not use any Services or any space you reserve or occupy in any Premises in a “retail,” “medical,” or other nature involving frequent use by or visits from members of the public.
  14. Hot Desks vs Daily Desks If you have purchased a Hot Desk, you will have specified a primary Premises (“Primary Premises”). Subject to the rules of your Primary Premises, Hot Desk members can access desks in their Primary Premises both inside and outside of Regular Business Hours and Regular Business Days (defined below). “Daily Desks” are all common area desks not allocated for “hot desks”. All desk reservations, whether for Hot Desks or Daily Desks, are subject to desk availability in the applicable Premises. “Regular Business Hours” are generally Monday - Friday from 9:00 a.m. to 4:00 p.m. on Regular Business Days, with the exception of days prior to local bank/government holidays
  15. Security You may be required to present a valid, government-issued photo identification in order to gain access to our Premises. For security purposes, we may regularly record via video certain areas of our Premises. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your guests about this policy.
  16. Mail You may elect to receive mail and packages at one of our locations provided that you shall first complete and return all documentation we may require including a USPS Form 1583. If you have done so, mail and deliveries on your behalf will be delivered and stored in the public holding location. 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 the termination of your Membership. Additionally, we are not responsible for missing or stolen packages & mail. 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 or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages.
  17. Property We are not responsible for any property you leave behind in any of our Premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. Prior to the termination or expiration of your Membership, you must remove all of your property from Premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in any of our Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.
  18. Damage You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our Premises and items therein caused by you or your guests or invitees.
  19. Common areas If you are accessing our space pursuant to these terms, common spaces in our Premises are to be accessed by you, and to the extent we permit, your guests, starting from the time immediately prior to your reserved time in the Premises and ending at the time immediately following your reserved time in the Premises. Common spaces are for temporary use and not as a place for continuous, everyday work. 20 Intellectual Property of others You must not directly or indirectly take, copy or use any information or intellectual property belonging to other members or member companies or any of their guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.
  20. Technology Release We may need to install software onto your computer, tablet, mobile device or other electronic equipment to provide you with the Services. You acknowledge that your refusal to install such software may affect your ability to properly receive the Services you have purchased. We may also provide you with technical support at your request. You agree that we (a) are not responsible for any damage to any of your electronic equipment or systems related to such technical support or software installation; (b) do not assume any liability or warranty in the event that any manufacturer warranties are voided; and (c) do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support. Furthermore, you acknowledge that you have no expectation of privacy with respect to MKE Co-Work’s internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages), and your activity and any files or messages on or using any of those devices or systems may be monitored at any time without notice, including for security reasons and to ensure compliance with our policies, regardless of whether such activity occurs on equipment owned by you or us.
  21. Account termination If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, or at any other time when we in our reasonable discretion see fit to do so, we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your account with immediate effect and possibly without prior notice to you. In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or for no reason. We may also at any time terminate your account, if we discontinue the Membership. You can cancel your account at any time, by submitting a request at Hello@mkecowork.com. Please note that if your individual account was created by a Company, (a) an authorized representative of such Company may at any time terminate your individual account by contacting us, and (b) we may terminate your account, even if the Company’s account remains active, and even if you continue to be employed or engaged by such Company. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your Membership.
  22. Advertisements In using the Services, you may encounter advertisements from Third Party Service Providers and our other business partners, which may be targeted to you based on certain information you provide to us or that we collect based on your use of the Services. The types and extent of advertising are subject to change. In consideration for us granting you access to and use of the Services, you agree that we, such Third Party Service Providers and our other business partners may provide you with such advertising from time to time.
  23. Endorsements and Testimonials From time to time, we may also publish testimonials by users and members related to their experiences with the Services. These testimonials are the users’ subjective opinions, and they represent individual results. We neither verify them nor claim that they are typical results that others will generally achieve. Names, locations, dates and other information may have been changed to protect the privacy of the individuals involved. All other testimonials and endorsements of any type, format or nature posted by users are not verified by us, and we make no warranty or representation as to their accuracy. You should be cautious when relying on any testimonials or endorsements, and you should assume the results described therein are not typical.
  24. Notice of video, audio and photography By registering for and/or attending an event, Members, guests and invitees agree that video, photographs and other recording of the event may be taken by MKE Co-Work or partners acting on behalf of MKE Co-Work and this content can be used by MKE Co-Work in any media now or later invented for any purpose. By registering for and/or attending an event, Members, guests and invitees consent to MKE Co-Work’s unlimited permission to use names, likeness, images, statements and other information received in any way.
  25. Waiver and Release of claims To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against us and our landlords at the Premises and our affiliates, parents, and successors and each of our and their members, managers, owners, employees, assignees, officers, agents and directors (collectively, “MKE Co-Work Parties”) resulting from:: (a) injury or damage to, or destruction, theft, or loss of, any property, person or pet or (b) any interruption in internet or telephone services beyond our reasonable control (collectively, “Claims”) and release the MKE Co-Work Parties from any such Claims.
  26. We are not liable for actions of other individuals We do not control and are not responsible for the actions of other individuals or pets using the Services or at our Premises. You should be aware that other users or members may not be who they claim to be. We do not perform background checks on our users or members nor do we guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.
  27. We do not have liability for third party products or services The Services may provide you with access to third party products or services. The Services may also provide you with access to advertisements from our other third party business partners. We are not responsible for the content of these advertisements or any links, products, services or other materials relating to any third party products, services, advertisements or other materials. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the Services or any products, services or other materials relating to any advertisement. 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 with such third party services.
  28. Limitation of Liability To the extent permitted by law, the aggregate monetary liability of any of the MKE Co-Work Parties to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under these Terms for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. None of the MKE Co-Work Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree that you may not commence any action or proceeding against any of the MKE Co-Work Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual. For the avoidance of doubt, nothing in these Terms will exclude our liability for (a) death or personal injury caused by our gross negligence; (b) fraud or fraudulent misrepresentation or (c) any breach of any implied terms which cannot lawfully be excluded.
  29. You agree to hold us harmless You will indemnify and hold harmless the MKE Co-Work Parties from and against any and all claims, liabilities, damages and expenses (“Claims”) including reasonable attorneys’ fees, resulting from any breach of these Terms by you or your employees or guests, or your or their invitees or pets or any of your or their actions or omissions, and MKE Co-Work will have sole control over the defense of any such Claims. You are responsible for the actions of and all damages caused by all persons and pets that you or your guests invite to enter any of the Premises. You shall not make any settlement that requires a material act or admission by any of the MKE Co-Work Parties, imposes any obligation upon any of the MKE Co-Work Parties or does not contain a full and unconditional release of the MKE Co-Work Parties, without our written consent. None of the MKE Co-Work Parties shall be liable for any settlement made without its prior written consent.
  30. You agree to cooperate with us From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the MKE Co-Work Parties, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
  31. What if some of these Terms are not enforceable? These Terms as well as our House Rules 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 and/or any feature-specific guidelines, terms or rules that may be posted or provided to you are 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 and/or any feature-specific guidelines, terms or rules that may be posted or provided to you are 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. The failure of either party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.
  32. Governing Law. These terms shall be governed by, enforced and construed in accordance with the laws of the State of Wisconsin, without reference or effect to any choice of law or conflict of laws rules or principles that would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
  33. Arbitration. Resolutions of Conflict; Selection of Arbitrator. Any claim or dispute arising out of or related to these Terms shall be finally settled by binding arbitration in Milwaukee, WIsconsin, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”:); provided that nothing in this section 34 shall prohibit a party hereto from instituting litigation to enforce any award rendered through such arbitration. The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a dispute. Selection of Arbitrator. Such arbitration shall be conducted by a single arbitrator chosen by mutual agreement of both you and us. IF we are unable to so agree within fifteen (15) days, then the arbitrator shall be appointed pursuant to the AAA Rules. Decision. The decision of the arbitrator as to any claim or dispute shall be final, binding , and conclusive. Such decision shall be written and shall be supported by written findings of fact and conclusions which shall set forth the award, judgement, decree or order awarded by the arbitrator. Within thirty (30) days of a decision of the arbitrator requiring payment by one party to another, such party shall make the payment to such other party.
  34. Force Majeure. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations if such delay or failure result from events, circumstances or causes beyond our reasonable control, including, without limitation, fire, flood, or other acts of god.
  35. Nature of these Terms. Notwithstanding anything in these Terms to the contrary, these Terms in no way shall be construed as to grant you any title, lease, easement, lien, possession or related rights in our business, Premises or anything contained in our Premises. These Terms create no tenancy interest (including any security of tenure), leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship.
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