1. Acceptance of Terms.

The services Co-manity ("Co-manity LLC") 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").

Co-manity reserves the right to update the TOU at any time. Co-manity 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. If changes in the TOU result in a price or services change, you may opt out of your contract.

  1. Description of Services.

Co-manity may provide you with access to office space, work stations, Internet access, office equipment, conference space, knowledge resources, and other services as Co-manity may provide time to time (collectively, "Services"). The Services at all times are subject to the TOU.

  1. 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. overburden, or impair any Co-manity server, or the network(s) connected to any Co-manity 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 networks connected to any Co-manity server or to any of the Services, through hacking, password mining or any other means.

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 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.

  1. Use of services.

You agree that when 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 Co-manity;

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 particular Service (including the Building Rules for 221 E. Indianola Ave, Phoenix AZ 85012);

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;

l. Create a false identity for the purpose of misleading others;

m. Furniture provided is to remain in the space, in the room it was placed at all times unless approved in writing by Co-manity. Any removal of furniture will be replaced at cost and a service fee of $100 per instance applied;

n. No guns or drugs are allowed on Co-manity property at any time. Violation of any of the above terms will result in immediate violation of TOU;

o. If you are the last one to leave the office and leave any doors unlocked there will be a fine of$100 per instance and will be a breach of TOU;

p. Bring any candles, space heaters, damaged power cables, or any other potential fire risks within the space. All damages incurred in fire safety-related incidents may be found liable of the member who brought the item into Co-manity, as identifiable by Co-manity.

q. All meeting usage must be booked in online portal. Any use of space without booking will be charged time and a half.

  1. Disclosure.

Co-manity reserves the right at all times to disclose any information about you, your participation in and use of the Services as Co-manity 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 Co-manity's sole discretion.

  1. 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 Co-manity, 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 examinations or observation of any access to the facilities, computer systems and/ or books and records of Co-manity any analyses, compilations, studies or other documents prepared by Co-manity 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 Co-manity.

c. All Confidential information remains the sole and exclusive property of Co-manity. 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 rights of Co-manity.

  1. 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 Co-manity 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. You acknowledge that temporary losses of Internet access or other services are expected within reason, and are not valid grounds for a breach of contract.

  1. Disclaimer of Warranties.

To the maximum extent permitted by applicable law, Co-manity 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.

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

To the maximum extent permitted by applicable law, in no event shall Co-manity 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 Co-manity, and even if Co-manity 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.

  1. 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 Co-manity 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.

  1. Termination of Private Office.

Co-manity reserves the right to terminate any Service at any time. Co-manity 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, no pre-paid dues will be repaid due to termination. If member chooses to terminate the contract early or break any TOU, pre-paid dues and deposit will not be refunded, any discounts applied will be repaid by member and 50% of remaining balance of contract is to paid upon termination. Billing cycle occurs on the first of the month and all memberships require a cancellation notice as noted in agreement. Cancellation/non renewal notice must be submitted before the next billing cycle begins. Termination period will apply to the next billing cycle. (Ex. A 30-day cancellation/nonrenewal is submitted on Mar 10, the last day of membership is April 30.)

  1. Termination of Dedicated Desk/The Norm.

Co-manity reserves the right to terminate any Service at any time. Co-manity 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, no pre-paid dues will be repaid due to termination. If member chooses to terminate the contract early or break any TOU, pre-paid dues and deposit will not be refunded, any discounts applied will be repaid by member. Billing cycle occurs on the first of the month and all memberships require a cancellation notice as noted in agreement. Cancellation/non renewal notice must be submitted before the next billing cycle begins. Termination period will apply to the next billing cycle. (Ex. A 30-day cancellation/nonrenewal is submitted on Mar 10, the last day of membership is April 30.)

  1. Termination of Open Workspace/The Drifter.

Co-manity reserves the right to terminate any Service at any time. Co-manity 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, no pre-paid dues will be repaid due to termination. If member chooses to terminate the contract early or break any TOU, pre-paid dues and deposit will not be refunded, any discounts applied will be repaid by member. Billing cycle occurs on the first of the month and all memberships require a cancellation notice as noted in agreement. Cancellation/non renewal notice must be submitted before the next billing cycle begins. Termination period will apply to the next billing cycle. (Ex. A 30-day cancellation/nonrenewal is submitted on Mar 10, the last day of membership is April 30.)

  1. Indemnification.

You release, and hereby agree to indemnify, defend and save harmless Co-manity and Co-manity' subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, members, representatives, employees from and against all claims, liabilities, losses, damages, costs, expenses, judgements, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connections with their participation in or use of the Services. You 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 Co-manity or its respective officers and agents in connection with the defense of such claim or lawsuit.

  1. Severability.

In the event that any provision or a 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.

  1. Insurance.

Co-manity carries Liability and Business Personal Property insurance. As a member, you are required to carry your own Renters Insurance policy to cover your own equipment and liability while using our space. That policy may cover your current residence/office, as well as the premises you occupy at Co-manity. Co-manity is not liable for your equipment or injury to any staff or guest that visits you.

  1. Security Deposit and Payments for Private Office Members Only.

Upon execution of this Agreement, you shall deliver a Security Deposit equal to one month's fee (Freq Fliers are excluded). The security deposit shall be refunded to you within forty-five (45) days of the termination date. Co-manity shall have no duty to keep the Security Deposit in an escrow account or otherwise segregated from Co-manity's other funds, and such funds will be available for use by Co-manity for the duration of this Agreement. You acknowledge that you are not entitled to any interest on the Security Deposit. If you wish to voluntarily change membership level to one(s) carrying higher membership fees, an additional Security Deposit shall become due and owing prior to such change equal to the amount above offsets by the Security Deposit then held by Co-manity. You acknowledge that the purpose of the Security Deposit is to serve as an incentive to you to vacate the Office Space in an acceptable condition and that it is not intended to serve as a reserve for which fees can be paid. All payments are to be made by direct deposit or ACH payment before due date. Mail service requires one month deposit. Any invoice that is overdue by more than 5 days will incur a 5% late fee and may lose access to space.

  1. Parking.

Members and customers must follow all city parking regulations. Co-manity is not responsible for any damage to vehicles while parked in our parking. Parking is at your own risk. Co-manity is not responsible for any damages due to collision with Co-manity property, structural foundations, or any other entities within or around the Co-manity parking lot.

  1. Consent for Photography/Video Consent for Media Release & Promotional Use.

Member hereby grants permission to Co-manity, LLC, its employees, interns, or representatives to take and use:

-photography/digital images

-videotape

-recorded audio or quoted remarks of the member for use by Co-manity in promotional or educational materials.

These materials might include but are not limited to electronic publications, printed publications, the Co-manity Web site, Facebook page, Instagram, Twitter account or other electronic or print communications. Member further agrees that his/her name and identity may be revealed in descriptive text or commentary in connection with the image(s) published.

Member also agrees that the media may contact member regarding his/her involvement with Co-manity, LLC. Member authorizes the use of these materials indefinitely without compensation. All prints, digital reproductions, video, and audio recordings shall be the property of Co-manity, LLC.

  1. Personal Property

In the event that a membership is terminated or canceled, members have 30 days to retrieve and remove all personal property from the premises. If personal property is not removed within 30 days, the property becomes the property of Co-manity. Co-manity can dispose or relocate the property as they deem necessary.

  1. Wi-fi Terms and Conditions

() Co-manity is not liable for any digital content uploaded through the “Co-manityGuest” or “Co-manity” networks that may be harmful to software or hardware, malicious, or inappropriate. Connect at you own discretion. () Co-manity is not liable for any digital content downloaded through the “Co-manityGuest” or “Co-manity” networks that may be classified, private, or harmful in any way. Connect at your own discretion. (*) User agrees to indemnify, defend, and hold harmless Co-manity and respective affiliates, memberships, officer, directors, agents for, from and against any and all claims, liability, losses, costs, and expenses, (including attorney fees) encouraged by Co-manity in any connections with any use or alleged use of the wireless or wired network by the user, whether or not authorized by you.

*Co-manity, LLC will always contact its members to request the use of any of the materials described above and will provide an open and honest description of the manner in which the materials will be used. Materials are to be used in a promotional context unless otherwise specified in the communications with the member featured in the media. Co-manity, LLC or a representative of will attempt to contact you if any altercations/editing takes place on the materials being provided of/by you the member.

I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU and further agree to be bound to the TOU regarding my participation in and use of the Services.