Membership Terms and Conditions
Welcome to your new HUB Community!
Here are the things you want to know right now to start enjoying your membership:
Hours: Our space is open and staffed Monday-Friday, 9am-5pm. Depending on your membership level, you may have Hub access up to 24/7. You are BOSS if you have this membership and may receive a few nods of recognition when you walk in. Here is a link to our different plans so you can see what your access is: https://hubcoworkinghi.com/membership/
Host: Hosts are the smiling faces you will see sitting at the front desk from M-F, 9am-5pm. Hosts are members too and are available to answer questions, validate parking, check guests in and be a reliable on site resource. There is also a table near the host desk that has most of your Hub core team. We are here to help you, be the rule enforcer and just shoot the breeze. We’re pretty nice people too and are always looking for new folks to tell a joke to.
Check-in: We rely on our members to help self manage themselves while at the Hub. You don’t want us to bug you, so please check yourself in everytime you come into the space, then you can walk in like a “BOSS.”
Parking: We’ve got validated parking in the building. It’s only 50 cents an hour so please don’t get towed by parking in places you shouldn’t. We can provide parking validation stickers from M-F, 9am-5pm. Parking Map Here
Voice Level: You are here to work and so is your neighbor. Our Lounge Area is a designated Phone-Free Zone. We’ve got phone booths that you can take your call in and meeting rooms you can pow wow in. You don’t want everyone else in the space learning about the new multi-million $ contract you are about to sign, otherwise we’ll expect drinks on you (show off!).
Guests: We welcome your guests and clients. You can have a max of 3 guests at a time (max 2 hours a day). Those guests can come up to one time a week. Confused yet? Basically, if we get on a first name basis with them they need their own membership. This does not apply if you’ve booked a meeting room. Show them around so they can join the movement one day too!
Meeting Room: Book a meeting room on your app. Need a meeting space for the weekend or after hosted hours? If you are an unlimited member, no problem, do it on your app. If not, you’ll need to contact one of us. We are a small team and we work hard so we take weekends seriously to recharge. The general rule of thumb is if it is a large event or long booking we may be able to help you.
Plan Change: Your plan is flexible! Do you need more space, an office, or a designated desk? All our plans are month to month, so let us know if you need to make changes. There is a small Activation Fee for each new membership. See below for details. See our variety of memberships here.
Sleeping: We strive to feel like home…but not your bedroom. Sleep at home; work and play at the Hub. Member Agreement Link
Speaking of play, here is the fun stuff
Amenities and Perks: FREE coffee, tea and beer (yes, go ahead and read that again!) FREE PIZZA on Wednesdays, FREE Bike Rental, Board Games, Surfboards and more!
Printing: Printing/copying of up to 200 pages/month is included for each member. For usage exceeding 200 pages/month, members will be charged a fee of $.01 per B&W page and $.05 per Color page.
What do you need? Get to know us and the space and let us know how to make it even more awesome. Because of members like you telling us your ideas, we have free beer, weekly swim meetups and even a community ping-pong table.
We know no one likes to read the official agreements, but here’s our Membership Terms and Conditions just in case you need some bedtime reading (or you’re scratching your head trying to figure out why your 2 week old sandwich is missing from the community fridge).
Complete Membership Terms and Conditions
Hub Coworking Hawaii, LLC (“The Hub”) was created by its co-founders (“co-founders”) to foster and support a coworking community at 1050 Queen St., Suite 100 by providing its members with space, tables, phone rooms, chairs, trash cans, Internet connectivity, a collaborative community, and other resources and stuff (such services, the “Hub Coworking Hawaii”). By joining Hub Coworking Hawaii, our members agree to certain rules for our community (“Membership Terms and Conditions”).
The goal of a community such as Hub Coworking Hawaii is to help each of us do well and do good so we should be considerate of each other, play well together, follow the Membership Terms and Conditions. Each member of Hub Coworking Hawaii is subject to an interview to evaluate fit within the community prior to approval. If one of us doesn’t follow the Membership Terms and Conditions, it affects all of us at Hub Coworking Hawaii, and as a condition to membership, we each agree to abide by this Agreement (“Agreement”).
Terms & Conditions:
This Membership Agreement (this “Agreement”), dated as of the date you start a plan at Hub Coworking Hawaii, is between Hub Coworking Hawaii, LLC (“Hub Coworking Hawaii”) and you, the undersigned member (“Member”). Hub Coworking Hawaii and Member desire to enter into this Agreement relating to Hub Coworking Hawaii’s Services (as defined below) on the terms and conditions set forth herein. In consideration for the mutual promises and covenants contained herein, the parties agree as follows:
Behave well and treat others the way you would want to be treated. Keep in mind that people who are annoyed or offended may not tell you so directly, but instead engage less with Hub Coworking Hawaii, which hurts everybody.
At the co-founders’ discretion, or upon notice from other members, disruptive or abusive language or behavior will result in a warning and a mark against your membership (a “strike”). On the third strike, your membership will be revoked. Your membership may be revoked prior to the third strike upon the sole discretion of the co-founders.
These are the general rules we ask you to abide by:
- Indoor voice. We are all trying to get work done, so try to be mindful and respectful of others’ attention and time. Generally, if someone has their headphones on, please respect their privacy. Hub Coworking Hawaii is not a library, and collaboration is encouraged, but this is a workplace, first and foremost.
- Phone calls. If you have a phone call and it will last just a minute or two, feel free to take it in the common areas. If you are going to be on the phone for more than that, please use the phone rooms or meeting spaces. Feel free to take calls in your office as much as you would like. Some exceptions can be made, such as for those working in support jobs, where an occasional and not very talkative phone call of 5-10 minutes is necessary. We ask, however, that you keep your voice quiet, and, if you know that a call will persist for more than 5 minutes or be especially talkative, you take the call into a phone room. Lastly, please remember to keep your phone on silent while in the space to not disturb people around you. Speaker phone may not be used in the common areas.
- Meeting rooms: members must book meeting rooms 24/7. Do not use or enter meeting rooms without securing bookings first through the member app. Cancellation notice of 24 hours is required for all board room and workshop room bookings. Small meeting room and phone room may be cancelled without penalty. Failure to cancel within 24 hours of the scheduled meeting results in full charge of the space.
- Harassment. We have zero tolerance for harassing our members or guests of Hub Coworking Hawaii. Members or guests violating the Anti-Harassment Policy will be sanctioned or expelled from the space or the event at the discretion of the co-founders.
- Guests. Feel free to invite friends or guests for lunch, a quick meeting, or just to say hello. However, if your guest is going to be here for more than 2 hours we would ask that they pay for a daily pass or book meeting space. Guests are required to adhere to the Rules of Hub Coworking Hawaii.
- Policy: Members may have guests meet for up to 2 hours/day per guest/week in the space. Guests must sign-in at the host desk, and are welcome in a 3 to 1 guest to member ratio. Ratios and time limits do not apply to meeting room bookings. You can purchase daypasses in app to extend past 2 hours in the open space.
- Common Area Desk use. Please do not leave property in common areas, on the desks, or around the desks when you will not be working there that day. Take home what you bring in, or arrange with the co-founders for storage in an out-of-the-way area. Every evening and/or morning the desks will be cleared of items, which will be deposited in an area for collection. Hub Coworking Hawaii is not responsible for lost or stolen items.
- Refrigerator. The refrigerator is primarily for storing that day’s food, beverages, and some occasional leftovers from events. As a general policy, food that is older than one week and taking up space will be thrown out. Containers or food left in the refrigerator may be thrown out at any time at the discretion of the co-founders. Labeling your food will help us at least give you a heads up.
- Shared Kitchen. Members are welcome to use our microwave and toaster oven to to heat up their food. However, under no circumstances may members use an open flame or hot plates to cook or heat their food due to safety and the potential of fire hazards.
- Alcohol policy. We do not tolerate intoxication in the space. Be mindful and courteous.
- Overnight use. We understand that our members may need to pull a late night of work every now and again. However, under no circumstances is sleeping at the space overnight allowed.
- Heat & air conditioning. We set the heat and air conditioning on a schedule that makes sense for most people. Please do not raise or lower the temperature. If the heat or air conditioning do not seem to be working, please notify an Hub Coworking Hawaii team member. The building AC chiller is on M-F 7:00am-7:00pm and Saturday 8:00am-3:00pm. Air conditioning is only available during these times unless otherwise arranged.
- The in-building parking garage is available M-F 6:00am-8:30pm. Outside of those hours, the entrance and exit doors are closed and no access is available. A limited number of monthly parking passes are available that allow 24/7 access to the garage with an access card.
- Locks. The doors are automatically locked after business hours. We have large windows that look in on our members’ gear and our supplies. Do not do anything to allow the doors to be unlocked for any notable length of time, including propping open the door with the deadbolt out. If you believe the doors are not locked when you leave the space, it is your duty to notify an Hub Coworking Hawaii team member of the situation. If you are here outside of normal business hours, do not open doors for anyone. All members with access are able to pass freely through on their own.
- Subject to availability, Hub Coworking Hawaii may provide you with access to office space, workstations, Internet access, office equipment, conference space, mail service, knowledge resources, and other services as Hub Coworking Hawaii may provide from time to time (collectively, “Services”). Hub Coworking Hawaii reserves the right to restrict use of equipment or office supplies in its sole discretion.
- Unlimited Membership
- Pending Hub Coworking Hawaii staff discretion, new unlimited members will have the following access: 7 days a week, 9am-5pm.
- Mail Services
- Members may request mail service as an add-on to their existing plan for an additional fee.
- Members with mail service or the Virtual Office Plan may list our business address as their own business address and are able to display their license in our facility.
- Mail service and virtual office allows you to receive mail and/or packages for up to 5 names or businesses. There is an additional charge for additional names.
- Members will be notified for any mail or package deliveries.
- Additional mail services may be requested, subject to additional fees, such as:
- Opening and scanning mail
- Envelope scanning
- Printing/copying of up to 200 pages/month is included for each member. For usage exceeding 200 pages/month, members will be charged a fee of $.01 per B&W page and $.05 per Color page.
- Printing/copying of up to 200 pages/month is included for each member. For usage exceeding 200 pages/month, members will be charged a fee of $.01 per B&W page and $.05 per Color page.
- No Unlawful or Prohibited Use
- 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 Hub Coworking Hawaii’s 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 Hub Coworking Hawaii 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, nor should you post or download files that you know or should know are illegal or that you have no rights to.
- 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 these Membership Terms & Conditions 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
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information
- 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 a limitation, copyright, 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.
- 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
- Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
- Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules).
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
- Violate any applicable laws or regulations; or
- Create false identities for the purpose of misleading others.
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise);
- Term and Termination
- The Terms & Conditions must be adhered to at all times. Failure to follow Terms & Conditions can result in non renewal or even early termination of the usage license. Hub Coworking Hawaii reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the Terms & Conditions. This includes non-payment or violation of the space rules.
- The term of this Agreement shall commence as of the date your application has been approved and shall renew automatically for each subsequent month for which Member enrolls (the “Term” shall include renewal periods) unless cancelled or terminated as provided herein.
- If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, or at any other time when we in our reasonable discretion see ﬁt to do so, we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your account with immediate effect and possibly without prior notice to you. In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or for no reason.
- You can cancel your account up to the last 2 business days of the month. In order to process a Member’s cancellation request before his/her next billing cycle, we need to receive written notification at least two business days before the upcoming billing date. Members can go to https://hubcoworkinghi.com/contact/ to ask to cancel and or pause their membership. If it is after this window, we will apply the cancellation to your next month’s billing cycle. Membership cancellation includes deactivation of Member’s online profile, removal from online communities and communications, mailbox and locker removal, and discontinuance of member access to the workspace. Upon cancellation, Member shall return to Hub Coworking Hawaii all property belonging to Hub Coworking Hawaii, including any keys and/or access cards and Member shall remove all of Member’s property. Members with mailboxes shall create a forwarding service for all mail that use Hub Coworking Hawaii’s mailing address upon cancellation. Following the Term, Hub Coworking Hawaii may dispose of any property remaining in the workspace as it sees fit and reserves the right to seek reimbursement for any expenses or costs it incurs in removing such property.
- Office members and dedicated desk members who decide to cancel their memberships need to give the Hub Coworking Hawaii a minimum of 30 day notice in writing. Hub Coworking Hawaii is not responsible for any lost or stolen property in or around the offices. Office members and dedicated desk holders leave belongings at Hub Coworking Hawaii at their sole discretion.
- Members are not allowed to set up their own wifi network within the Hub. The Hub can help members set up hard line connections, if there isn’t already a hardline set up, for a one time $250 fee. Members who wish for a dedicated IP address will pay a monthly fee of $10/month.
- Monthly Payment. All membership payments are due on the first day of membership and then on a monthly basis in advance after that. Invoices will be charged on the first of the month via a recurring credit card payment. When Member pays via credit card, then Member hereby authorizes Hub Coworking Hawaii to charge such credit card on a recurring monthly basis. Conference room rentals, Mailboxes, Lockers, event rentals and other incidental charges may be billed upon or following use using the credit card you have provided Hub Coworking Hawaii, unless prior notice is given to Hub Coworking Hawaii management.
- Missed Payments. Hub Coworking Hawaii reserves the right to discontinue the Services if payment is late. If the late payment is not paid within seven calendar days after notification email is sent by Hub Coworking Hawaii, Hub Coworking Hawaii reserves the right to charge a penalty of 10% of the owed amount and/or terminate Member’s membership. After Hub Coworking Hawaii has terminated membership, any application to re-apply due to a missed payment(s) is subject to a $50.00 re-admission fee and review by Hub Coworking Hawaii management.
- Refunds and Credits. Hub Coworking Hawaii will not grant refunds for unused membership hours. If a member decides to upgrade to a new membership, he/she may do so at any time and the additional amount owed for the new membership will be paid for with the credit card on file. If a member decides to downgrade in the middle of the billing cycle to a new membership, he/she will not be refunded the difference but will receive membership credit. The new membership will begin at the new billing cycle.
- All memberships will have a one time activation fee. Starter, Virtual and Part Time memberships will cost $5 per member to activate. Unlimited, Dedicated Desk and Office memberships will be $25 for an activation fee. First time members and current members switching memberships will have to pay the one time activation fee according to the membership they are switching to.
- Members who choose to put their membership on pause can do so by emailing the Hub operations team. There is no activation fee to restart the membership after a pause as long as it is for the same type of membership before and after the pause.
- Guest/Intern and child Policy
- For any guest or interns of Hub members who will be working with you for more than 2 hours per day, you have the following options:
- Purchase additional membership for them
- Buy a guest pass for $15/day
- Book conference room space for them to use when working at Hub Coworking Hawaii
- Child policy (applies to children under 16, children over 16 are treated as guests and the above policy applies): In order to maintain a professional environment free from distraction, disturbance, and disruption, children are permitted in the space on an infrequent basis and must be under constant adult supervision at all times. Parent or guardian must be present with the child at all times and in close proximity. This policy also applies to guests of members with children.
- Consent for Photography/Video/Media Release; Promotional Use
- Member hereby grants permission to Hub Coworking Hawaii, its employees, interns, or representatives to take and use photographs/digital images, videotape, recorded audio or quoted remarks of Member for use by Hub Coworking Hawaii in promotional or educational material (e.g., Twitter, Facebook, etc.). Member further agrees that his/her name and identity may be revealed in descriptive text or commentary in connection with the materials. Member authorizes the use of these materials, in perpetuity, without compensation. All prints, digital reproductions, video, and audio recordings shall be the property of Hub Coworking Hawaii.
- Use of Member Information
- Hub Coworking Hawaii maintains the Hub Coworking Hawaii Website and Hub Coworking Hawaii Net and has sole and absolute discretion to edit, post, refuse to post or to remove any information or materials from the Hub Coworking Hawaii Website and/or Hub Coworking Hawaii net. Members may select what information about the Member is available on such platforms, including determining its level of privacy for listing on the Hub Coworking Hawaii public websites. Hub Coworking Hawaii may also disclose any information it deems necessary, in its sole discretion, to satisfy any applicable law, regulation, legal process or governmental request.
- Confidential Information. Member acknowledges and agrees 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 Hub Coworking Hawaii or any participant or user of the Services or any employee, affiliate, or agent thereof that is non public, 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 Hub Coworking Hawaii, any analyses, compilations, studies or other documents prepared by Hub Coworking Hawaii or otherwise derived in any manner from the Confidential Information and any information that Member is obligated to keep confidential or know or has reason to know should be treated as confidential. All Confidential Information remains the sole and exclusive property of Hub Coworking Hawaii or the respective disclosing party. Member further acknowledges and agrees that nothing in this Agreement or Member’s participation or use of the Services will be construed as granting any rights to Member, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Hub Coworking Hawaii or any participant or user of the Services.
- Non-Disclosure of Confidential Information. Member agrees to: (i) maintain all Confidential Information in strict confidence; (ii) not disclose Confidential Information to any third parties; and (iii) not use the Confidential Information in any way that is directly or indirectly detrimental to Hub Coworking Hawaii or any participant or user of the Services.
- Offices: Office members who decide to cancel their memberships need to give the Hub Coworking Hawaii a minimum of a 30 day notice using the Member cancellation form. Hub Coworking Hawaii is not responsible for any lost or stolen property in or around the offices. Office members leave belongings at Hub Coworking Hawaii at their sole discretion.
- Office members may not puncture walls and must hang all materials with fishline and hooks coming from the top frame of the office. Any adhesive material used must be removable and removed upon vacating the office.
- Signage: Signage must fit into the letter-sized placard on the front of the office. All other signage will be removed by Hub Coworking Hawaii staff. Office members may not cover office fronts with additional signage inside or outside the office walls.
- Deposit: Office holders will pay a $200 security deposit on offices for damage and repairs. Dedicated desk holders will pay a $100 security deposit. Deposits will be returned upon completion of the office walk-through checklist at the discretion of the Hub Coworking Hawaii staff when member departs the Hub office. If the security deposit is being used to reserve the office before move in, the deposit can be used up to 7 full calendar days and anytime within these 7 calendar days the deposit can be fully refunded if member decides to cancel the office membership. The Hub will keep the deposit if member or potential member cancels after the full 7 days.
- Pet and Service Animal Policy
- To ensure the safety and care of all Hub Coworking Hawaii community members, office members and neighboring businesses, the following policy has been established. The right for a member, faculty or staff member to study or work in a place free of animal threat, noise, hair, and dander is the governing principle. No pets are allowed in Hub Coworking Hawaii. Service animals are excluded per ADA and Hawaii State Law.
- The Americans with Disabilities Act defines a service animal as “any guide dog, signal dog, or other animal individually trained to provide assistance to a person with a disability.” Hawaii law has a similar, but more specific definition. It relates only to dogs which assist people with disabilities. Hawaii law does not include reference to service “animals.”
- Service animals must be registered in accordance with the owner’s local regulations. Service animal owner must have current shot/vaccination documentation before service animal is allowed on site.
- Service animal owners are personally responsible for any injuries caused to individuals or any damage caused to the building. The service animal owner is financially responsible for any damage to the Hub Coworking Hawaii or individuals caused by the service animal.
- Service animal owners are expected to clean up after their service animals and not cause any additional work for custodial or maintenance personnel. Maintenance, security and custodial services will not enter any office where there is a service animal present.
- Service animal owner is responsible for cleaning up any waste left by his/her service animal, both inside and outside the building and near the building premises. A service animal owner bringing his/her service animal on site should always consider safety, health and the possible fear others may have in the presence of animals.
- Hub Coworking Hawaii asks that the service animal is always on a leash at all times unless these devices interfere with the service animal’s work or the person’s disability prevents use of these devices
- Hub Coworking Hawaii reserves the right to exclude any pet(s) from its facility at anytime if the service animal is disruptive to the business and or aggressive to other animals or people.
- Here are some helpful links: NOLO, and ADA and ADA FAQs.
- Hub Coworking Hawaii members gain access to our local Hub Coworking Hawaii network via our Impact Hub Honolulu app. We encourage you to share your services and projects via posts on Hub Coworking Hawaii Net and through our app.
- Network devices are on a shared network and anything on the network may be visible to other users.
- Unless a clear, direct relationship is established with another member, members are prohibited from using the member directory or any other means to send solicitation emails to other members. These emails or any other communication in that fashion will be construed as spam and will be addressed immediately.
- Please email email@example.com if you have any questions.
- Representations and Warranties
- Member hereby represents and warrants that Member: (i) has all requisite legal power, authority and capacity to enter into and abide by the terms and conditions of this Agreement and that no further authorization or approval is necessary; (ii) that Member’s participation or use of the Services will not conflict with, violate or result in any breach of any license, contract, agreement or other obligation or otherwise violate any rights of any third party; and (iii) Member’s activities and use of the Services shall comply with all applicable laws, rules and regulations, including the Membership Terms and Conditions, as amended from time to time.
- To the maximum extent permitted by applicable law, Hub Coworking Hawaii provides the services “as is” and with all faults, and hereby disclaimer 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. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with member. Member acknowledges that Hub Coworking Hawaii shall not have no liability with respect to your inability to access, participate in, and/or use of the services, or any loss of information resulting therefrom.
- Exclusion of incidental, consequential and certain other damages
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Hub Coworking Hawaii 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 AND 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 Hub Coworking Hawaii, AND EVEN IF Hub Coworking Hawaii HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITIES 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 Hub Coworking Hawaii 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 AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE . THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
- 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 Hub Coworking Hawaii, or any of Hub Coworking Hawaii officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
- Member releases, and hereby agrees to indemnify, defend and save harmless Hub Coworking Hawaii and Hub Coworking Hawaii’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, property, costs, expenses (including attorneys’ fees), judgments, fines and penalties based upon or arising out of Member’s unlawful conduct, breach of this Agreement, negligent actions, errors and omissions, willful misconduct and fraud arising out of Member’s participation in or use of the Services. Member further releases, and hereby agrees to indemnify, defend and save harmless Hub Coworking Hawaii and Hub Coworking Hawaii’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, property, damages, costs, expenses (including attorneys’ fees), judgments, fines and penalties based upon or arising out of Member’s guest’s conduct or negligence in connection with the guest’s use of the Services as Member’s guest.
- In the event that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected and shall remain in full force and effect to the fullest extent permitted by applicable law.
- No Agency Relationship. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties.
- Assignment. Member may not assign, delegate or otherwise transfer this Agreement, in whole or in part, without the prior written consent of Hub Coworking Hawaii.
- Governing Law/Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Hawaii, United States of America. Any action brought relating to the interpretation or enforcement of this Agreement shall be brought in the appropriate venue located in Honolulu, Hawaii.
- Arbitration. The parties to this Agreement agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this Agreement or otherwise, and any claim or dispute related to this Agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.
- Entire Agreement. This Agreement sets forth the entire agreement and understanding between Hub Coworking Hawaii and Member relating to the subject matter herein and supersedes all prior discussions or representations between the parties, whether written or oral. This Agreement may be signed in two counterparts, each of which shall be deemed an original, with the same force and effectiveness as though executed in a single document. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by an authorized representative of Hub Coworking Hawaii.
The undersigned hereby acknowledges that they have read, understood and agree to be bound by all of the terms and conditions contained in this Agreement.