General Terms and Conditions
At Lift Office, we “work for ourselves, not by ourselves” and that means we’ve all made the decision to share space. To make sure our space works well for every member, we created guidelines and policies. Violators may face termination.
Dedicated Space Members with a dedicated space are welcome to setup their space as they choose; however, please do not nail, tape, or screw anything to the floor or walls of The LIFT Office without obtaining approval from The LIFT Office.
Guest Policy Visitors welcome! Our current guest policy is flexible as we encourage an active and open coworking environment. All guests are required to sign in at the host desk and abide by all of the house rules and policies stated herein. If you have a guest visiting for longer than 2 hours you should either: (1) buy a day pass, or (2) utilize conference room hours (subject to availability). If you are a hosting a guest at TLO, you are solely responsible for the actions and behavior of your guests during their visit at TLO.
Key Holder A LIFT Office key-holder is deemed to be any person who takes possession of keys and is issued a security code. All key-holders must have successfully passed a background check. Key-holders acknowledge and accept responsibility for the security of the doors. Key-holders should not compromise the building security and ensure that all reasonable measures are taken to safeguard The LIFT Office. The LIFT Office doors are to remain unlocked during normal business hours except holidays. At no time, should the security system be bypassed and the external doors should never be propped open while unattended. Non-key holders are not allowed to be present at TLO without the presence of a hosting key-holder. Keys and security codes are not transferable and should not be lent out at any time to anyone for any reason. Lending keys or sharing security codes will result in termination of your Membership.
Access Policy Key holders who have passed a background check and are in good standing financially are granted 24/7 access. Shared members and Day Pass holders have access during normal business hours, Monday through Friday from 8:30 am to 5:00 pm, except holidays.
Respect different working styles. Some people prefer quiet and some enjoy frequent breaks to be social. The Lift Office happily accommodates both. If you prefer to work in quiet, headphones or ear buds send a great signal that you’re in “private space”. If you are the office social butterfly (and we all love that person), please notice the “I’m busy now” cues.
The kitchen is a sacred space – please help keep it clean. In fact, we ask that you leave it better than you found it! If you spill, wipe it up. Put your dirty dishes in the dishwasher. The refrigerator is cleaned out weekly. No weeping if your food is gone. Best practice is to empty your food each day. We offer coffee, tea, and snacks. Respect common space (conference rooms, fire place space, open seating…). The space is there for a reason and we hope you love using all of it. Please remember others will be following you, so pick up what you have brought to the space and leave a pleasant environment for the next person. Recycle. We encourage the use of glassware – not water bottles. Look for opportunities to live green and reduce your footprint and that of The Lift Office. Respect the Community Board. This is the place to learn about community events, and post wants, needs, and cool ideas. It is not the place to post political, religious, or other polarizing information. Be kind, thoughtful and friendly – with words and deeds. Share well with others. Be thoughtful with the conference room space. If you booked it and don’t need it, please remove it from the calendar. Take care of spills. Cleaning supplies can be found in the cabinet by the kitchen sink. Speak up if there are maintenance issues.
Acceptance of Terms
The LIFT Office reserves the right to amend, or modify the TOU at any time. The LIFT Office 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.
The LIFT Office Membership application does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis.
Description of Services
The LIFT Office may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services as The LIFT Office may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU and availability.
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 The LIFT Office server, or the network(s) connected to any The LIFT Office 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 The LIFT Office 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.
Use of Services and FACILITIES
MEMBER agrees that when participating in or using the Services and/or Facilities, you will: a. Take good care of FACILITIES, including borrowed equipment, furnishings, walls, and shared common areas. The LIFT Office expects all equipment, desks, chairs, furnishings, offices, walls, and common areas to be returned in the same condition as when it was first occupied by or used by MEMBER and MEMBERS’ guests b. Pay replacement cost if, for any reason, MEMBER damages FACILITIES. MEMBER will have a 30-day cure period from date of written notice to correct any FACILITES damages.
MEMBER agrees that when participating in or using the Services, you will NOT: c. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise); d. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; e. Publish, post, upload, distribute or disseminate any offensive, inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The LIFT Office Services; f. 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; g. 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; h. 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; i. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; j. Restrict or inhibit any other user from using and enjoying the Services; k. Violate any code of conduct or other rules or guidelines which may be applicable for any particular Service; l. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; m. Violate any applicable laws or regulations; and n. Create a false identity for the purpose of misleading others.
The determination as to whether something is offensive, inappropriate, profane, defamatory, obscene, or indecent or violates these restrictions shall be determined by The LIFT Office in The LIFT Office’s sole discretion.
The LIFT Office reserves the right at all times to disclose any information about you, your participation in and use of the Services as The LIFT Office 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 The LIFT Office’s sole discretion.
Renewals and Terminations
This Agreement will be reviewed at the end of this period to determine success for both parties.
The TOU must be adhered to at all times. Failure to follow TOU can result in non-renewal or even early termination of the Membership agreement. The LIFT Office reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the TOU. This includes non-payment or violation of the space rules. If this happens, The LIFT Office will refund any amounts paid for unused periods that remain after deducting any pending charges, on a prorate basis.
Members may terminate this Agreement by giving a written notice of termination as established in this Agreement. Termination shall be in effect as of the end of that calendar month. Should MEMBER not provide timely, 60- day notice in writing of termination to The LIFT Office then the Membership Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.
The LIFT Office reserves the right to terminate any Service at any time. The LIFT Office 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 or any rules established by The Lift Office.
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 The LIFT Office, 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 The LIFT Office, any analyses, compilations, studies or other documents prepared by The LIFT Office or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have 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 use the Confidential Information in any way directly or indirectly detrimental to The LIFT Office, or any participant or user of the Services.
All Confidential Information remains the sole and exclusive property of The LIFT Office 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 The LIFT Office, 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 The LIFT Office 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 applicable law, The LIFT Office 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.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall The LIFT Office 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 The LIFT Office, and even if The LIFT Office 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 The LIFT Office 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 a refund of the amounts paid for the Services. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Non-Disparagement 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 The LIFT Office, or any of The LIFT Office 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 The LIFT Office and 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 The LIFT Office or its respective officers and agents in connection with the defense of such claim or lawsuit.
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.
The LIFT Office will carry Liability and Business Personal Property insurance that covers The LIFT Office. MEMBER’s property is NOT covered by The LIFT Office insurance. MEMBER is strongly encouraged to carry an Insurance policy to cover their own equipment while using The LIFT Office space. That policy may cover your current residence/office, as well as the premises of The LIFT Office.
If MEMBER is hosting an event that includes serving alcohol, MEMBER is required to provide a proof of liability insurance (also known as Certificate of Insurance) and must list TCBE Investments, LLC and Thomas R Miller Company, as additional insured on this event.