Membership is annual.
Member agrees to abide by zWORKS House Rules which will be posted in the zWORKS Space.
zWORKS reserves the right to utilize the space for special events and will provide members with at least 48 hours notice of special event.
zWORKS Membership Agreement
Acceptance of Terms. This is an Agreement between you (“You”) and zWORKS, Inc. (“zW”). zW promotes a safe, peaceful and productive environment for its members. Therefore, although there are no requirements for becoming a member, zW reserves the right to deny Services, in its sole discretion, for any lawful, nondiscriminatory reason based upon any information available to zW. In exchange for Your Membership Fee, zW agrees to provide You with Services, subject to the terms and conditions in this Agreement. By signing below, You agree to be bound by this Agreement and are representing that You are at least eighteen (18) years of age.
Membership Fees. By entering into this Agreement, You agree to pay the applicable membership fees as currently posted at, or provided by, zW.
Description of Services. zW may provide You with access to office space, work stations, internet access, office equipment, conference space, refreshments, knowledge resources, and other services as zW may offer from time to time (collectively, the “Services”). zW reserves the right from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
Use of Services. You agree not to use the Services for any unlawful purposes or for any purpose that is prohibited by this Agreement. You further agree not to use the Services in any manner:
- that allows anyone other than Yourself access to zW without Your presence;
-that allows anyone other than Yourself access to the Services;
-that damages, disables, overburdens, or impairs the Services;
-that interferes with any other party’s use and enjoyment of the Services;
-to gain unauthorized access to any accounts, computer systems or networks connected to any network, router, or server provided by zW or a third party contracted by zW to provide said services;
-to gain unauthorized access to any of the Services, through hacking, password mining or any other means;
-to obtain or attempt to obtain any materials or information regarding zW or its members through any means not intentionally made available through the Services;
-that damages or otherwise causes disrepair to zW property or the premises leased by zW; and,
-that violates the House Rules or other guidelines which may be applicable for any particular Service.
5. Disclaimer of Warranties. ZW MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ZW SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE ZW SERVICES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE ZW SERVICES. THE ZW SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ZW DISCLAIMS ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE ZW SERVICES IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
6. Limitation of Liability and Indemnification. UNDER NO CIRCUMSTANCES WILL ZW BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, THAT RESULT FROM OR ARISING OUT OF THIS AGREEMENT.
At no time will zW sell or furnish alcohol to You. However, from time to time, members may bring alcohol to zW and store it in the common refrigerators. To the extent a member makes alcohol available to you, it is made available on a “self-serve” basis and You agree to be solely responsible for dispensing, serving, or otherwise furnishing alcohol to Yourself, or any guests You may bring to zW. You agree to refrain from furnishing alcohol to Yourself, Your guests, or any fellow zW member if You know that person is intoxicated. You also agree to refrain from furnishing alcohol to minors.
Should You keep any of Your property at zW, You do so at Your own risk. zW does not assume any liability for, or provide insurance for, any loss of or damage to any stored property. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ZW, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, AND ADVERTISERS FROM ALL LIABILITIES, CLAIMS, DEMANDS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY THAT ARISE FROM YOUR, OR YOUR GUEST’S, USE OF THE ZW SERVICES OR YOUR VIOLATION OF THIS AGREEMENT.
7. Termination. Either party may terminate this Agreement by submitting written notice to the other party. If You have paid for a periodic membership, termination will be effective at the end of the service period during which notice is received by zW. If you breach this Agreement for any reason, as determined by zW in its sole discretion, You shall forfeit all Membership Fees You paid to zW. If any person is denied Services within fifteen (15) days of registering, all monies paid by that person will be refunded.
a. Entire Agreement. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior understanding or agreement, oral or written, relating to, the use of the zW Services.
b. Severability. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected
c. Waivers. The failure of zW to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
d. Successor and Assigns. This Agreement shall be binding on Your heirs, legal representative, successors and assigns.
e. Assignment. In no event may You assign in whole or in part Your membership or use of the Services, without the advance written consent of zW.
f. Modification. zW may, in its sole discretion, unilaterally modify this Agreement without prior notice. Your continued use of the Services constitutes consent and agreement to any modifications. You may not modify this Agreement. You agree to review the Agreement on a regular basis and remain in compliance at all times. A copy of the latest version of this Agreement will be posted at zW.
g. Choice of Law. This Agreement shall be governed by the laws of the State of Indiana. All parties consent to jurisdiction and venue in Boone County, Indiana.
h. Notice. All required notices shall be provided in writing and shall be mailed to the addresses below, or to such address as either party may designate from time to time:
If to zWORKS:
Attn: Kate Swanson, Executive Director
85 East Cedar Street
Zionsville, IN 46077
If to You:
At the address set forth in signup
By checking below, I hereby acknowledge that I have read and understood all of the terms and conditions contained in this Agreement and further agree to be bound by the same regarding my participation in and use of the Services.
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