JABBRRBOX TERMS OF SERVICE

Welcome to Jabbrrbox! Jabbrrbox, Inc. (“Jabbrrbox”, “we”, “us”) owns and operates technology equipped workspaces (each, a “Workspace”) that can be reserved on-demand and through our reservation system, and are designed for mobile workers who need a better work environment on the go. These terms of service (“Terms of Service”) govern your (“Your” or “You”) access to and use of the services and features available through the Workspaces (collectively, the “Jabbrrbox Services”), including Your use of any Workspace reserved through the online reservation system. Access to and use of the Jabbrrbox Services are subject to these Terms of Service and the Jabbrrbox Privacy Policy available at https://www.jabbrrbox.com/terms, https://www.jabbrrbox.com/privacy.

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 [support@jabbrrbox.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.

Definitions.

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.

Payment.

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.

Intellectual Property Rights; Restrictions.

Prohibited Conduct.

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.

Disclaimers.

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.

Your Liability.

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.

Notices.

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.

Except if You opt-out or for disputes relating to your or Jabbrrbox's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); you agree that all disputes between You and Jabbrrbox (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Jabbrrboxx Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in the borough of Long Island, New York, under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and You and Jabbrrbox hereby expressly waive trial by jury. You and Jabbrrbox shall appoint as sole arbitrator a person mutually agreed by you and Jabbrrbox or, if you and Jabbrrbox cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Jabbrrbox shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court in the Eastern District of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Use or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.


Any claims brought by You or Jabbrrbox must be brought in that parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither You nor Jabbrrbox will participate in a class action or class-wide arbitration for any claims Jabbrrboxred by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on Your own behalf.

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


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