Allgemeine Geschäftsbedingungen

Allgemeine Geschäftsbedingungen

Terms of Use

Our TOU is long and boring, but it’s important that you read it carefully to understand your rights and protections, as well as ours. We hope to be able to simplify these terms in the future. Please contact us at info@caribecowork.com, taha@caribeproperty.com if you have questions regarding this TOU.

1. Acceptance of Terms.

The services provided by Caribe Property, LLC herein after referred to as (“Caribe Co:work”) provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms of Use (“TOU”) for this membership agreement.

Caribe Co:Work reserves the right to update the TOU at any time. Caribe Co:Work will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement.

2. Description of Services.

Caribe Co:Work located in Building E of #1537 Ponce de Leon el Cinco, Cupey may provide you with access to office space, work stations, Internet access, office equipment, conference space, knowledge resources, and other services as Caribe Co:Work may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.

3. Limited Rights to Use of Space.

i. I understand that my membership does not constitute a lease or sublease but is only a license to use The Space. ii. I understand that membership is a privilege that may be revoked at Caribe Co:Work’s discretion. If my membership is revoked, I understand that Caribe Co:Work will return my membership dues for the remaining period of membership, and I agree to forfeit my membership, keys, and any other evidence of membership. iii. I understand that all amenities provided by Caribe Co:Work, including but not limited to hours of operation, availability of a particular work area (including conference rooms), use of the printers, or availability of the Internet are to be deemed as privileges of membership and not necessarily included in the cost of membership, therefore subject to change as deemed necessary by Caribe Co:Work and/or requested by the member and agreed to by Caribe Co:Work. iv. I understand that my use of The Space may on occasion be disrupted. Disruptions may include, but not be limited to: (i) the offering of events or Services on the premises that are not included as part of the standard membership (some of these events may require additional fees to attend or use), and (ii) the need to move to another work area (temporarily or permanently) and under rare circumstances to temporarily vacate the premises entirely. v. I understand that Caribe Co:Work will do its best to communicate to the membership community in advance of any known changes or disruptions to member access to The Space and/or to the use of Services provided by Caribe Co:Work.

4. No Unlawful or Prohibited Use.

As a condition of your use of the Services, 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 any Caribe Co:Work server, or the network(s) connected to any Caribe Co:Work 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 Caribe Co:Work 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.

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 TOU 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.

5. Use of services.

You agree that when participating in or using the Services, you will not:

a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise); b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Caribe Co:Work Services; d. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or 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; e. 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; f. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; h. Restrict or inhibit any other user from using and enjoying the Services; i. Violate any code of conduct of other guidelines which may be applicable for any Service (including the Building Rules for Sector 1537 Ponce de Leon el Cinco, Cupey); j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; k. Violate any applicable laws or regulations; and l. Create a false identity for the purpose of misleading others.

6. Caribe Co:Work reserves the right at all times to disclose any information about you, your participation in and use of the Services as Caribe Co:Work 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 Caribe Co:work’s sole discretion.

7. Confidentiality.

a. 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 Caribe Co:Work or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.

Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Caribe Co:Work or any analyses, compilations, studies or other documents prepared by Caribe Co:Work or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.

b. Your participation in and/or use of the Services obligates you to

I. maintain all Confidential Information in strict confidence; II. not to disclose Confidential Information to any third parties; III. not to use the Confidential Information in any way directly or indirectly detrimental to Caribe Co:work, or any participant or user of the Services.

c. All Confidential Information remains the sole and exclusive property of Caribe Co:Work or the respective disclosing party. You acknowledge and agree that nothing in this TOU 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 or proprietary rights of Caribe Co:Work, or any participant or user of the Services.

8. 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 Caribe Co:Work 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.

9. Disclaimer of Warranties.

To the maximum extent permitted by applicable law, Caribe Co:Work 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, any (if any) warranties, duties or conditions of or related 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.

10. Exclusion of Incidental, Consequential and Certain Other Damages.

To the maximum extent permitted by applicable law, in no event shall Caribe Co:Work 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, jointly or 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 San Juan, PR, and even if Caribe Co:Work has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.

11. 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 Caribe Co:Work 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 TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

12. Termination.

Caribe Co:Work reserves the right to terminate any Service/Memberships subscription at any time. Caribe Co:Work further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU. If you defaulted on any payments or monies due; you will have 24 hours to collect your belonging, if your belonging, personal property or equipment is left after 24 hours of any default, all property left will be subject confiscation and no longer available to you or your company. No access will be given to the person after 24 hours.

13. Indemnification.

You release, and hereby agree to indemnify, defend and save harmless Caribe Co:Work and New Work City’s subsidiaries (whether or not wholly-owned), 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 attorneys’ fees and costs incurred by Caribe Co:Work or its respective officers and agents in connection with the defense of such claim or lawsuit.

14. Severability.

In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

15. Insurance.

Caribe Co:Work will carry General Liability insurance. As a user, 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 Caribe Co:work.

16. Payments

All payments to Company for Service Fees for Your Account must be made using means of payment that we may approve from time to time. We currently require payments be made by a major credit card (i.e., VISA & MasterCard). All payments must be made from a payment source on which you are the named Account holder. All payments are not refundable, for any reason.

You will be charged in arrears for the Services at the end of each month ("Billing Date"). If we do not receive the full amount of your Service Fees within 5 days of the Billing Date, a late payment charge of 5% per month may be added to your bill and immediately become due and payable. You agree to pay us all reasonable attorney's fees and costs incurred by us to collect any past due amounts. Your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of the Services. We may change our fee structure at any time with thirty (30) days’ notice.

You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site. You waive your right to dispute any payment made into Your Account and you will bear all costs.

Any attempt to defraud the Site through the use of credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of Your Account and civil and/or criminal prosecution.

In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block Your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.

17. Processing of Account Payments

Company may use third party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that Company may give such instructions on your behalf in accordance with your requests as submitted on the Site. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these Terms and the ESP's terms and conditions then these Terms shall prevail.

18. Renewals

To provide continuous service, Caribe Co:Work automatically renews all paid subscriptions upon expiration. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 12-month subscription will renew on a 12-month basis, and so on). By using the Site, you acknowledge that Your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish Your Account to renew automatically, please follow the directions set out under "Cancellations & Refunds."