Overview. These Terms and Conditions (the “Terms”) describe your rights and obligations in connection with your receipt and use of the services provided by Farmington Co-Work a Visi Productions Company in connection with your Farmington Co-Work meeting room or other services specified herein (the “Services”, as further described below).
Please read these Terms carefully, as they affect your legal rights. Among other things, these Terms include your agreement that except for certain types of disputes described in the “Governing Law; Arbitration and Class Action Waiver” section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. By using the Services, you are agreeing to abide by and be bound by these Terms.
Who we are. We are a group of artists that are passionate about making connections and creating a strong community. Who we are for the purposes of these Terms is the Visi Productions L.L.C,Farmington Co-Work, affiliate set forth on your invoice and will depend on (i) where the Services are deemed to be rendered or (ii) where your primary Premises is located. We reserve the right to change the legal entity that charges you for the Services.
Passwords and keycards. Don’t reveal your account password or transfer your keycard or other access device or credentials to anyone else (or let them use your account), and don’t make any copies of any keys, keycards, or other means of entry to our Premises (each, an “Access Device”). You are responsible for maintaining the confidentiality of your password and security of your Access Device. You must promptly notify us if you suspect your password or Access Device has been compromised.
Payments. By selecting a session and providing your payment information, you agree to pay us the recurring or nonrecurring fees associated with the particular Services you are purchasing, as displayed to you at the time you book your session. You acknowledge and agree that the payment method provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our Premises or property) in connection with the Services. Only a single payment method may be used at any given time to make payments for all Services you purchase in a single transaction. you do not agree to any modified fees.
Refund Policy. If you cancel your event within 24 hours a full refund will be issued. If you cancel your appointment within 24 hours, you must send us an email with the date, time and the reason you are canceling your session. We will then review your request and refund the fees back to you. If you cancel your session in less than 24 hours no refunds will be given.
Using and Terminating the Services
House Rules. The House Rules of any Premises on which you receive or use Services are hereby incorporated into these Terms. House Rules may be revised from time to time. In general, we expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to us, our employees or agents, other members, any guests or any other third parties or any pets or property of any of the foregoing.
Non Guarantee: Farmington Co-Work and it's staff reserves the right to cancel and reschedule your date without notice. Farmington Co-work will do the best to find an alternate location similar to the one booked at the time . If Farmington Co-Work staff is not able to find a replacement location a refund will be issued to the client. For the monthly subscribers there will be no refund issued if the appointment is canceled or moved.
Service Restrictions. Your purchased session is specific to you. You cannot share your account credentials or Access Device with any other individual. Furthermore, you must not use any Services or any space you reserve or occupy in any Premises in a “retail,” “medical,” or other nature involving frequent use by or visits from members of the public.
Security. You may be required to present a valid, government-issued photo identification in order to gain access to our Premises. For security purposes, we may regularly record via video certain areas of our Premises. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your guests about this policy.
Additional Services. Additional Services may be available to you, either in connection with specific Premises or pursuant to special or additional features, Service Packages, or other offerings. Additional Terms may apply to the additional Services, and to the extent you are receiving any additional Services, the applicable Additional Terms are hereby incorporated into these Terms by this reference.
Mail. Subject to availability, When you sign up for our mailing service, we will accept mail and deliveries on your behalf during such Premises’s Regular Business Hours on such Premises’s Regular Business Days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages in your name. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages.
- This Mailbox Service Agreement ("Agreement") is made and entered into by the customer identified above ("Customer") for the use of and services related to a mailbox ("Mailbox") at Farmington Co-Work under the terms set forth herein.
- Customer agrees that Customer will not use the mailbox premises for any unlawful, illegitimate, or fraudulent purpose, or for any purpose prohibited by U.S. postal regulations. Customer further agrees that any use of the Mailbox shall be in conformity with all applicable federal, state, and local laws. Each individual or entity must complete a separate United States Postal Service Form 1583 ("Form 1583") to be authorized to receive mail or packages at the Mailbox.
- This Agreement and Form 1583 shall remain confidential, except that this Agreement and Form 1583, including Customer’s name, address, and e-mail address, may be disclosed to Farmington Co-Work owners or its successor, solely for purposes of communication between Farmington Co-Work and Customer related to Customer’s use of the Mailbox, and upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, Customer agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. Customer further agrees to sign a revised version of this Agreement and Form 1583 whenever any information required on this Agreement or Form 1583 changes.
- Possession of the Mailbox unit shall be considered valid evidence that the possessor is duly authorized to remove any contents from the Mailbox. In the event of death or incapacity of Customer, Farmington Co-Work will require the appropriate documents from the Probate Court, the executor of the estate, the trustee or other similar person or entity before releasing mail to a requesting party.
- Customer agrees to pay an initial set-up fee of $50 (which includes the initial mailbox reservation fee and other fees associated with opening a mailbox). Mailbox service fees are all due and payable in advance and Customer agrees that Farmington Co-Work may withhold mail and packages from Customer pending payment. There will be no pro- rations or refunds for cancellation of any service. Customer agrees to pay a late fee of $35 if any payment is not received within five (5) days of when due. In the event that Customer receives an unreasonable volume of mail at the Mailbox according to Farmington Co-Work’s reasonable judgment, Farmington Co-Work may require Customer to pay any additional charge. Farmington Co-Work reserves the right to increase the Mailbox service fees in the event that Customer adds additional individuals or entities to the names of those individuals or entities authorized to receive mail at the Mailbox pursuant to Form 1583.
- Mailbox is accessible for pickup during your booked session or during after hours. If other time is needed, approval from Farmington Co-Work must be arranged and approved 24 hours ahead of time requested.
- Customer agrees that upon expiration, cancellation, or termination of this Agreement, Customer will not file a change of address order with the post office. Customer and Farmington Co-Work further agree that upon expiration, cancellation, or termination of this Agreement, Customer authorizes Farmington Co-Work to accept and destroy any “Unsolicited Mail” (e.g., mail addressed to “occupant,” “current resident,” or similar designation; or coupons, advertising, or other promotional material) and any mail addressed to Customer that is delivered to Farmington Co-Work by the United States Postal Service for six (6) months; and may refuse any mail addressed to Customer delivered by any party other than the United States Postal Service, such as a commercial carrier service.
- Six (6) months after the expiration, cancellation, or termination of this Agreement, Farmington Co-Work may: a. Refuse any mail or package addressed to Customer and delivered to Farmington Co-Work. b. Destroy any of Customer’s mail remaining at Farmington Co-Work at such time.
- The term of this Agreement shall be the initial period paid for by Customer and any renewal period paid for by Customer from time to time. Renewal of this Agreement for additional terms shall be at Farmington Co-Work’s sole discretion.
- Customer agrees that Farmington Co-Work may terminate or cancel this Agreement for good cause at any time by providing Customer with written notice. Good cause shall include but is not limited to: 1) Customer abandons the Mailbox; 2) Customer uses the Mailbox for unlawful, illegitimate, or fraudulent purposes; 3) Customer fails to pay monies owed to Farmington Co-Work when due; 4) Customer receives an unreasonable volume of mail or packages; 5) Customer engages in offensive, abusive, or disruptive behavior toward other customers of Farmington Co-Work or Farmington Co-Work’s employees; and 6) Customer violates any provision of this Agreement. Customer acknowledges that, for the purpose of determining good cause for termination of this Agreement as provided herein, the actions of any person authorized by Customer to use the Mailbox will be attributed to Customer.
- Any written notice to Customer required or permitted under this Agreement shall be deemed delivered twenty-four (24) hours after placement of such notice in Customer's Mailbox or at the time personally delivered to Customer. In the event of a termination notice based upon abandonment of the Mailbox, notice shall be deemed delivered (a) on the next day after placing in the hands of a commercial carrier service or the United States Postal Service for next day delivery, or (b) five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage pre-paid, and addressed to Customer at Customer's address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.
- As Customer's authorized agent for receipt of mail, Farmington Co-Work will accept all mail, including registered, insured, and certified items, and, if authorized on Form 1583, restricted mail (i.e., mail where the sender has paid a fee to direct delivery only to an individual addressee or addressee’s authorized agent). Unless prior arrangements have been made, Farmington Co-Work shall only be obligated to accept mail delivered by commercial carrier services, which require a signature from Farmington Co-Work as a condition of delivery. Customer must accept and sign for all mail and packages upon the request of Farmington Co-Work.
- Customer agrees to protect, indemnify, defend, and hold harmless, Farmington Co-Work and their respective affiliates, subsidiaries, parent corporations, directors, agents, and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs, and causes of action of every type and character arising out of or in connection with the use or possession of the Mailbox, including without limitation, any demands, claims, and causes of action for personal injury or property damage arising from such use or possession, from failure of the United States Postal Service or any commercial carrier service to deliver on time or otherwise deliver any items (mail, etc.), from damage to or loss of any mail, or to the Mailbox contents by any cause whatsoever, from Farmington Co-Work’s collection or remission of sales, use, or any other taxes, including, but not limited to, Farmington Co-Work failure to refund any amounts that have been collected or remitted, from any penalties, fines, or other liabilities that arise out of, or in connection with, Farmington Co-Work’s actions or status as Customer’s agent with respect to export transactions, or the Farmington Co-Work’s completion and filing of any Shipper’s Export Declaration on behalf of Customer, and from any violation by Customer of applicable federal, state, or local laws, or the laws of any foreign jurisdiction. In the event that Farmington Co-Work submits or processes any sales, use, or other tax refund claim on behalf of Customer, Customer agrees to cooperate fully with Farmington Co-Work, including, but not limited to, providing any and all information and documentation necessary to process or submit such a claim.
Customer acknowledges and agrees that Farmington Co-Work is an independently owned and operated and that Farmington Co-Work is not responsible for any acts or omissions.
Customer must use the exact mailing address for the Mailbox without modification as set forth in Section three (3) of Form 1583. The United States Postal Service will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
Property. We are not responsible for any property you leave behind in any of our Premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. Prior to leaving the building, you must remove all of your property from our Premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in any of our Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.
Damage. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our Premises and items therein caused by you or your guests, or pets.
Work Space. If you are accessing our space pursuant to these terms, common spaces in our Premises are to be accessed by you, and to the extent we permit, your guests, starting from the time immediately prior to your reserved time in the Premises and ending at the time immediately following your reserved time in the Premises.
Intellectual Property of others. You must not directly or indirectly take, copy or use any information or intellectual property belonging to other members or member companies or any of their guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.
Technology Release. You acknowledge that you have no expectation of privacy with respect to Farmington Co-Work internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages), and your activity and any files or messages on or using any of those devices or systems may be monitored at any time without notice, including for security reasons and to ensure compliance with our policies, regardless of whether such activity occurs on equipment owned by you or us.
Pets. You may bring pets into Premises, and we may require you to produce proof of vaccination for such pet in a form satisfactory to us. You must accompany your pet at all times. You will be responsible for any injury or damage caused by any pet you or any of your employees, invitees or guests bring into any Premises. We will not be responsible for any injury to any pets. We reserve the right to restrict any member’s or other individual’s right to bring a pet into the Premises at any time in our sole discretion.
You and other members. We do not control and are not responsible for the actions of other members or any other third parties (including any pets). If a dispute arises between members or their invitees, guests or pets, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
Account termination. 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 use of the property to you for any future meetings for any reason or for no reason.
Limitations of Liability
Waiver and Release of claims. To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against us and our landlords at the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Farmington Co-Work Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet (“Claims”) and release the Farmington Co-Work Parties and Visi Productions Company from any such Claims.
We are not liable for actions of other individuals. We do not control and are not responsible for the actions of other individuals or pets using the Services or at our Premises. You should be aware that other users or members may not be who they claim to be. We do not perform background checks on our users or members nor do we guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.
Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of any of the Farmington Co-Work Parties to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under these Terms for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. None of theFarmington Co-Work Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree that you may not commence any action or proceeding against any of the WeWork Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
- For the avoidance of doubt, nothing in these Terms will exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation or (c) any breach of any implied terms which cannot lawfully be excluded.
You agree to hold us harmless. You will indemnify and hold harmless the Farmington Co-Work Parties from and against any and all claims, liabilities, damages and expenses (“Claims”) including reasonable attorneys’ fees, resulting from any breach of these Terms by you or your employees or guests, or your or their invitees or pets or any of your or their actions or omissions, and Farmington Co-Work will have sole control over the defense of any such Claims. You are responsible for the actions of and all damages caused by all persons and pets that you or your guests invite to enter any of the Premises.
You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the Farmington Co-Work Parties, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
What if some of these Terms are not enforceable? These Terms as well as our House Rules and any feature-specific guidelines, terms or rules that may be posted or provided to you constitute the entire agreement between us regarding the Services and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these Terms and/or any feature-specific guidelines, terms or rules that may be posted or provided to you are held to be unenforceable, then that provision is to be interpreted either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this paragraph, the rest of these Terms and/or any feature-specific guidelines, terms or rules that may be posted or provided to you are to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. The failure of either party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.