JABBRRBOX TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING AGREEMENT (THIS “AGREEMENT”) BETWEEN YOU AND JABBRRBOX. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND JABBRRBOX ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 17 “AGREEMENT TO ARBITRATE”).
BY ACCEPTING THESE TERMS OF SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF SERVICE, THEN YOU ARE NOT AUTHORIZED TO USE, AND YOU MUST NOT USE, ANY OF JABBRRBOX’S WORKSPACES OR JABBRRBOX SERVICES.
If you have any questions regarding this Agreement, please contact us at [email@example.com].
Jabbrrbox reserves the right to change the terms of this Agreement at any time. Such changes will be effective from and after the date you make your next Workspace reservation under the updated Agreement and you accept the updated terms.
In this Agreement, the following definitions apply:
“Building Owner” means the owner of any building in which a Workspace is located.
“Access Code” means the code issued by Jabbrrbox to you for purposes of accessing the Workspace and utilizing the Jabbrrbox Services. The Access Code will only be active during the session in which you have reserved the Workspace.
“Rules” mean the rules, regulations, guidelines or policies of Jabbrrbox related to your use of any Workspace or the Jabbrrbox Services, whether set forth in this Agreement, appearing within a Workspace, or otherwise issued from time to time.
- Login Credentials. When you register an account, you will be asked to create login credentials that you will use each time you want to reserve a Workspace (“Login Credentials”). You agree that You are solely responsible for protecting Your Login Credentials from unauthorized use, maintaining the confidentiality of Your Account and password, and You agree to accept responsibility for all activities that occur under Your Login Credentials. You agree to notify us immediately if You believe that any of Your Login Credentials have been or may have been used without Your permission so that appropriate action may be taken. You may not (i) create more than one account to access the Online Reservation System, (ii) share Your Login Credentials with any third party, or (iii) transfer Your account to any third party. Jabbrrbox is not responsible for any loss or damage caused by, or expense incurred by You, as a result of Your failure to safeguard Your Login Credentials.
- Jabbrrbox operates a service that allows you to reserve and use Workspaces on demand, but it does not in itself confer any right in or to the Workspace, except as expressly set forth in this Agreement. You may only use a Workspace, to the extent available, in accordance with the terms of this Agreement and subject to paying all applicable fees and charges.
- Jabbrrbox is the owner or lessee of the Workspaces and any item it provides to you or puts at your disposal during the term of this Agreement, including specifically and without limitation, all furniture and equipment, mobile and web-based applications. Your use of and rights in relation to any Workspace or item provided by Jabbrrbox under this Agreement are limited to those rights of use stated in this Agreement.
- Subject to the terms and conditions of this Agreement, Jabbrrbox hereby grants you a license to use the Workspace(s) you reserve and pay for through Jabbrrbox’s Online Reservation System. Jabbrrbox shall have the right to change the Workspaces from time to time (including adding and removing Workspaces from the Online Reservation System). You shall not have the right to use any Workspace except the Workspace you have reserved and paid for through the Online Reservation System.
- This Agreement shall be in effect for the duration of Your access to the Online Reservation System and/or Workspaces; provided that Jabbrrbox may terminate this Agreement, and such access, at any time and for any or no reason.
- Jabbrrbox may immediately terminate this Agreement if you (a) fail to pay any sum due under this Agreement, (b) fail to comply with any term or condition specified in the Agreement or any Rules, (c) are involved in an incident at, about or in connection with any Workspace that, in Jabbrrbox’s discretion, renders you ineligible or inappropriate for continued access and use of the Jabbrrbox Services, or (d) engage in any activities or conduct that Jabbrrbox, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable. No usage or other fees will be refunded in the event of termination pursuant to this Section 5.2.
- Upon termination of this Agreement, your right to use any Workspace or the Jabbrrbox Services shall immediately terminate. You agree to immediately return to Jabbrrbox any property of Jabbrrbox that you have in your possession. Additionally, you shall be responsible for and agree to pay any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Jabbrrbox).
- Acceptable Use; Rules.
- General Purpose. You shall use the Workspace and Jabbrrbox Services for general business or personal use only, in accordance with the terms and conditions of this Agreement and any Rules therefor designated by Jabbrrbox from time to time. You will only use the Workspace during the session for which you have paid, and once your Workspace session has expired, you agree to leave the Workspace. The Workspace is for your use only, and You will not allow any third party to enter the Workspace during your Workspace session.
- Lease. Your license to use any Workspace shall be subject to the terms of any lease or other agreement between the Jabbrrbox and the respective Building Owner. In the event of termination of any such lease or other agreement, the license granted herein to you shall terminate automatically with respect to such Workspace. You agree to abide by all rules and regulations of the Building Owner of each Workspace.
- Restrictions. You will not make or permit or suffer to be made any use of any Workspace, Jabbrrbox Services, or any part thereof (i) which would violate any of the covenants, agreements, terms, provisions and conditions of this License; (ii) which is directly or indirectly forbidden by public law, ordinance or government regulation; which may be dangerous to life, limb, or property; (iv) which may invalidate or increase the premium of any policy of insurance carried on any Workspace or covering its operations; (v) which will suffer or permit any Workspace or any part thereof to be used in any manner which, in the sole judgment of Jabbrrbox, shall in any way impair or tend to impair the character, reputation or appearance of the Workspace; or (vi) which would impair or interfere with or tend to impair or interfere with the use of any Workspace or Jabbrrbox Services by any other Jabbrrbox user, including the emission of offensive odors, noises, or vibrations.
- Furniture; Personal Property.
- You shall not bring into or install in any Workspace any furniture, fixtures, equipment or other personal property (except for your laptop computer, portable electronic devices, files and other documents, provided that all such laptops, portable devices, files and documents brought into any space shall be removed by you prior to the end of each session).
- You shall not damage any furniture, fixtures or equipment located in a Workspace. If any such damage occurs, then you shall, upon demand of Jabbrrbox, pay to Jabbrrbox the cost of repair or replacement.
- You shall not move any furniture, fixtures or equipment from one Workspace to another, nor remove any furniture, fixtures or equipment from the Workspace.
- Jabbrrbox shall have the right, but not the obligation to remove, store or dispose of any furniture, equipment or other personal property brought into any Workspace by you which is not removed by you at the end of your session. All such furniture, equipment and other personal property shall be deemed to have been abandoned by you. Removal, storage or disposal of all or any portion thereof shall be at the option of the Jabbrrbox, in its sole discretion, at your sole cost and expense, without liability or recourse to you or any other person or entity. You hereby release and discharge Jabbrrbox from, and agree to indemnify, defend and hold Jabbrrbox harmless from and against, any and all claims arising with respect to the exercise by Jabbrrbox of its right to remove, store or dispose of any such furniture, equipment or personal property. You shall pay all costs and expenses incurred by Jabbrrbox to remove, store or dispose any such furniture, equipment or other personal property after written demand by Jabbrrbox.
- Access by Jabbrrbox. Jabbrrbox shall have access to all Workspaces at all times and at any time.
- Confidentiality. You agree that you shall keep confidential any and all information obtained by you relating to Jabbrrbox, any other Jabbrrbox user or any of Jabbrrbox’s or such other user’s business matters.
- Video Surveillance. Jabbrrbox shall have the right (but not the obligation) to monitor any Workspace at any time by video or visual recording devices and equipment. Jabbrrbox will not make any audio recording during your Workspace session.
- Surrender. Once your Workspace session has expired, you agree to leave the Workspace, and leave it in the same condition as when you entered the Workspace, broom-clean, free of debris, trash, and personal items, subject to ordinary wear and tear. Jabbrrbox reserves the right to charge the credit card you submitted for your reservation, or otherwise collect a cleaning fee, of twenty-five dollars ($25.00), and pursue any avenues available to Jabbrrbox in this regard, in situations in which we have determined, in Jabbrrbox’s sole discretion, you have not left the Workspace in broom-clean condition. Jabbrrbox may charge you additional fees in the event we determine you have damaged the Workspace or any property within the Workspace, including a fee of thirty-five dollars ($35.00) in the event Jabbrrbox has determined that you were smoking in a Workspace. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Workspace to Jabbrrbox.
You will pay Jabbrrbox all reservation fees and additional charges associated with your reservation of a Workspace. You are required to pay all fees and costs incurred when due. Jabbrrbox will validate your credit card or other payment method at the time of making your reservation and will automatically bill that same credit card or other payment method following the conclusion of your Workspace session and our inspection of the Workspace. All payments are non-refundable. You do hereby agree that you shall be charged fees based on the length of time of your booking of the Workspace (regardless if you make use of the Workspace for less than your booked time). If you exceed the amount of time for which you booked a Workspace, then you shall be charged for such excess time at a rate of two dollars ($2.00) per minute, as well as an overage charge if such excess time conflicts with another user’s reservation of the Workspace. You do hereby consent to such excess time charges and to such overage charge. We will send you an itemized receipt of any charges we make to your credit card or other payment method. You hereby authorize Jabbrrbox to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. If any fee cannot be charged to your credit card for any reason, your right to access the Jabbrrbox Services, including any Workspace, may be suspended. Jabbrrbox, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or Agreement. Jabbrrbox may change the fees for the Workspaces in Jabbrrbox’s sole discretion. Any such changes will be made available to you the next time you reserve a Workspace
Services at the Workspace.
Each Workspace includes an access-controlled space with a user-controlled twenty-four inch touch screen monitor, with a camera, microphone, speakers, color assignable/dimmable LED light and Bluetooth connectivity for hands-free calling, video calls, and listening to music. The Workspace offers screen-sharing and photo-boothing capabilities, and a Wi-Fi or Mi-Fi connection. Electricity for normal office use shall be made available in each Workspace, subject to performance by Building Owner. Jabbrrbox shall not be liable for any interruption of Wi-Fi services, utilities or other services at any Workspace, and you shall not be entitled to any refund or other abatement of fees or charges in the event of any such interruption of services.
Assignment and Subletting.
- No assignment of this Agreement or sublicensing of any Workspace or any part thereof shall be made by you, and any purported assignment or sublicensing shall be null and void and of no force or effect.
- Neither all nor any part of your interest in any Workspace granted hereunder may be encumbered, assigned, or transferred, in whole or in part, either by any act by you or by operation of law.
- You shall not permit or suffer any Workspace to be used by any person claiming by, through or under you.
Intellectual Property Rights; Restrictions.
- The Workspace, and all of the equipment, items, and content made available through the Online Reservation System, Workspace, or Jabbrrbox Services, including without limitation the images, graphics, information, text, data, links, as well as the underlying software, networks and systems that support this Online Reservation System and Workspace and other material accessible through the Online Reservation System, Workspace or Jabbrrbox Services (“Jabbrrbox Content”) is owned by or under license to the Jabbrrbox and is protected by applicable trademark, copyright, or other rights. The Jabbrrbox Content may contain typographical errors, other inadvertent errors, or inaccuracies. Jabbrrbox reserves the right to make changes to document names and content, descriptions or specification, or other information, without obligation to issue any notice of such changes. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Online Reservation System, Workspace, or Jabbrrbox Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Online Reservation System, Workspace or Jabbrrbox Services; (c) you shall not access the Online Reservation System, Workspace, or Jabbrrbox Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Online Reservation System, Workspace, or Jabbrrbox Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the Online Reservation System, Workspace, or Jabbrrbox Services, must be retained. Nothing contained within the Online Reservation System should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Online Reservation System or any Jabbrrbox Content displayed on this Online Reservation System, except as expressly permitted by this Agreement; or with Jabbrrbox’s prior written permission or the permission of the third party that owns the trademark or copyright of the Jabbrrbox Content displayed on the Online Reservation System.
- The photobooth feature of the Jabbrrbox Services allows you to take and post on social media pictures of You while using a reserved Workspace. You, and not Jabbrrbox, are entirely responsible for any such content that you upload, post, or otherwise make available (“Make Available”) through the Jabbrrbox Services (“Your Content”). By using the photobooth feature, you grant Jabbrrbox a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You shall not disturb or interfere with the operation of the Online Reservation System in any manner including without limitation by imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the Online Reservation System. Furthermore, You shall not disrupt or otherwise interfere in any way with another user’s participation on the Online Reservation System or in any Workspace. By accessing and using the Jabbrrbox Services, including the Online Reservation System or any Workspace, You shall abide by the following standards of conduct. You shall not, and will not authorize or facilitate any attempt by another person, to use the Online Reservation System or any of the Jabbrrbox Services to: (i) transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Jabbrrbox; (ii) circumvent or manipulate Jabbrrbox’s fee structure, the billing process, or fees owed to Jabbrrbox; (iii) use a name or language that Jabbrrbox, in its sole discretion, deems offensive; (iv) post false, inaccurate, misleading, defamatory, or libelous content (including without limitation personal information) within a Workspace; (v) post hateful or racially or ethnically objectionable Content within a Workspace; (vi) post Content which infringes another’s copyright, trademark or trade secret within a Workspace; (vii) post unsolicited advertising or unlawfully promote products or services within a Workspace; (viii) take any action that may interfere with other members use of the Online Reservation System or other members use of a Workspace or any Jabbrrbox Services; (ix) harass, threaten or intentionally embarrass or cause distress to another person or entity; (x) impersonate another user; (xi) exploit or solicit personal information from children under 18 years of age; (xii) introduce viruses, worms, Trojan horses and/or harmful code into the Online Reservation System; (xiii) obtain unauthorized access to any computer system or confidential information through the Online Reservation System; (xiv) harvest or otherwise collect information about users, including email addresses, without their consent; (xv) invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age); (xvi) violate any federal, state, local, or international law or regulation, including smoking within any Workspace; or (xvii) encourage conduct that would constitute a criminal or civil offense.
THE ONLINE RESERVATION SYSTEM, WORKSPACES, AND JABBRRBOX SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE ONLINE RESERVATION SYSTEM, WORKSPACES, AND JABBRRBOX SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
LIMITATIONS ON LIABILITY.
- TO THE FULLEST EXTENT PERMITTED BY LAW, JABBRRBOX SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU FOR, ANY INJURY OR DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF JABBRRBOX OR ANY OF JABBRRBOX’S EMPLOYEES, OTHER PERSONS LICENSING SPACE OR SERVICES FROM JABBRRBOX, OR OTHER PERSONS (INCLUDING, WITHOUT LIMITATION, ANY JABBRRBOX USER) USING OR OCCUPYING ANY PART OF ANY WORKSPACE; ANY FAILURE OF ANY SERVICES TO BE PROVIDED, INCLUDING, WITHOUT LIMITATION, WATER, GAS, ELECTRICITY, INTERNET, OR TELEPHONE SERVICE OR ANY CLEANING OR SECURITY SERVICE; YOUR CONTENT; ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR ANY LOSS OF PROFITS, LOSS OF DATA OR LOSS OF BUSINESS DAMAGES; OR ANY INJURY OR DAMAGE TO PERSON OR PROPERTY CAUSED BY ANY PERSON.
- YOUR USE OF ANY PERSONAL PROPERTY IN ANY WORKSPACE SHALL BE AT YOUR SOLE RISK, AND IF THE WHOLE OR ANY PART THEREOF SHALL BE LOST, DESTROYED OR DAMAGED BY FIRE, THEFT OR OTHERWISE, NO PART OF SAID LOSS OR DAMAGE IS TO BE CHARGED TO OR BORNE BY JABBRRBOX, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD JABBRRBOX HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, OBLIGATIONS, PENALTIES, CLAIMS, COSTS, CHARGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, BASED UPON OR ARISING OUT OF THE FOREGOING.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID JABBRRBOX IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You shall indemnify, defend, indemnify and hold harmless Jabbrrbox and Jabbrrbox’s member partners, agents and employees from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, but not limited to, attorneys’ fees, which may be incurred by Jabbrrbox or such other indemnified parties by reason of, or arising directly or indirectly from, out of, or in connection with, any negligent or otherwise wrongful act or omission of or by You, Your agents, employees or invitees in or about any Workspace, or any failure on Your part to perform or comply with any of the terms, conditions or provisions of this Agreement.
- Any notice from Jabbrrbox to You concerning:
- any change with respect to any Workspace or any Rules shall be deemed to have been given if posted to our Online Reservation System; and
- any other matters pertaining to this Agreement shall be deemed to have been given if sent to You at the email address provided at account registration through our Online Reservation System.
- Any notice from You to Jabbrrbox shall be deemed to have been given if sent to firstname.lastname@example.org.
Third-Party Products or Services.
The Online Reservation System may contain links or access to non-Jabbrrbox products or services that are provided to You as a convenience. Any outside website or service accessed from the Online Reservation System is independent from Jabbrrbox, and Jabbrrbox has no control over the content of such websites. Jabbrrbox is not responsible for the content of any linked website or for any loss or damage incurred in connection with Your use of such links or dealings with the operators of such non-Jabbrrbox websites or services. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Jabbrrbox of that third party or of any product or service provided by a third party. Likewise, a link to a non-Jabbrrbox website does not imply that Jabbrrbox endorses or accepts any responsibility for the content or use of such website. Jabbrrbox does not endorse, warrant or guarantee any product or service offered by any third party through an online messaging service or link accessible through this Online Reservation System and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. Jabbrrbox makes no representations, warranties or commitments with respect to any third-party product or service, including any representation or warranty that the content or services provided by such third party are accurate or complete.
Agreement to Arbitrate.
You may opt out of this Agreement To Arbitrate. If You do so, neither You nor Jabbrrbox can require the other to participate in an arbitration proceeding. To opt out, You must notify Jabbrrbox in writing within 30 days of the date that You first became subject to this arbitration provision. The opt-out notice must state that You do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Jabbrrbox account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way You can opt out of the Agreement To Arbitrate. You must use this address to opt out:
2121 N California Blvd Suite 290, Walnut Creek, CA 94596
- Severability. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- Remedies Cumulative. All rights and remedies which Jabbrrbox may have under this Agreement, and at law or in equity, shall be cumulative and shall not be deemed in consistent with each other, and any two or more such rights and remedies may be exercised at the same time and so far as permitted by law.
- Entire Agreement. These Terms of Service constitute the entire agreement between, or, as appropriate, among, the Parties relating to the subject matter herein. Jabbrrbox may, at Jabbrrbox’s sole discretion, revise these Terms of Service at any time by updating this posting and providing reasonable notice to You.
- Additional Information. If You have any questions about this Agreement, please contact [email@example.com].
Copyright © 2020, Jabbrrbox, Inc. All Rights Reserved.