Allgemeine Geschäftsbedingungen

As a member, guest, or visitor of Stacks Co., you agree to and accept our Terms of Use.

Stacks Co. Terms of Use

  1. Acceptance of Terms. The services TownWorks, LLC (herein referred to as “Stacks Co.”) provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms of Use (“TOU”).

Stacks Co. reserves the right to update the TOU at any time. Stacks Co. will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement.

  1. Description of Services. Stacks Co. may provide you with access to office space, work stations, Internet access, office equipment, conference space, knowledge resources, and other services as Stacks Co. may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.

  2. No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that 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 Stacks Co. server, or the network(s) connected to any Stacks Co. 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 Stacks Co. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.

  1. Use of services.

You agree that when participating in or using the Services, you will not:

a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise); b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Stacks Co. Services; d. 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 Stacks Co. as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; e. 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; f. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; h. Restrict or inhibit any other user from using and enjoying the Services; i. Violate any code of conduct of other guidelines which may be applicable for any particular Service (including the Building Rules for 52 East Oakland Avenue); j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; k. Violate any applicable laws or regulations; and l. Create a false identity for the purpose of misleading others.

  1. Disclosure of Information Stacks Co. reserves the right at all times to disclose any information about you, your participation in and use of the Services as Stacks Co. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Stacks Co.’s sole discretion.

  2. Confidentiality. a. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Stacks Co. or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Stacks Co., any analyses, compilations, studies or other documents prepared by Stacks Co. or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential. b. Your participation in and/or use of the Services obligates you to I. maintain all Confidential Information in strict confidence; II. not to disclose Confidential Information to any third parties; III. not to use the Confidential Information in any way directly or indirectly detrimental to Stacks Co. or any participant or user of the Services. c. All Confidential Information remains the sole and exclusive property of Stacks Co. or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Stacks Co. or any participant or user of the Services.

  3. Participation In or Use of Services. You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Stacks Co. does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

  4. Disclaimer of Warranties.

To the maximum extent permitted by applicable law, Stacks Co. provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.

  1. Exclusion of Incidental, Consequential and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall Stacks Co. or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personahl 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 Stacks Co., and even if Stacks Co. has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.

  2. Limitation of Liability and Remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Stacks Co. or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

  3. Termination. Stacks Co. reserves the right to terminate any Service at any time. Stacks Co. further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.

  4. Indemnification. You release, and hereby agree to indemnify, defend and save harmless Stacks Co. and Stacks Co.’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, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Stacks Co. or its respective officers and agents in connection with the defense of such claim or lawsuit.

  5. Severability. In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

  6. No Tenancy Stacks Co. provides the Services on an “as is” basis as a service and not as a lease of real property, and disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law.

You hereby understand, agree and warrant that you are not a tenant and the Company is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by the Commonwealth of Pennsylvania or otherwise.

  1. Insurance Stacks Co. will carry General Liability insurance. As a user, it is strongly suggested that you carry an insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Stacks Co.

  2. Holding Over. Any holding over after expiration of this agreement, with the consent of Stacks Co., shall be construed as a month to month membership in accordance with the terms hereof, as applicable. The terms of this agreement will continue to apply.

  3. Payments Subscription fees for the Services are recurring payments (except where identified as otherwise). The term may be monthly or for another set term, as described in the course the of transaction. Your subscription begins upon payment of a first installment of subscription fees and will be set to an auto-payment subscription when paying via credit card. The subscription renews monthly or as applicable upon the payment of automatically recurring subscription fees. Monthly fees are charged on the 23rd of each month for the upcoming month.

  4. Security Deposit (if applicable) The security deposit, if set forth above, shall secure the performance of the user's obligations herein. Stacks Co. may, but shall not be obligated to apply all or portions of said deposit on account of Member's obligations herein, including, but not limited to, if Member is in default of this agreement, attorney’s fees, unpaid rent, any other outstanding charges. Any balance remaining upon termination shall be returned to the Member. Member shall not have the right to apply Security Deposit in payment of any rent. Security deposits must be raised proportionately with rent increases.

Member Security Deposits will be held in a specific account to be disclosed to Member upon deposit. Stacks Co. may deduct from the Security Deposit any costs resulting from the Member's failure to comply with any of the terms of this agreement. If Stacks Co. makes any such deductions, then upon demand, the Member shall promptly restore the Security Deposit to its original amount. The Security Deposit may not be used by the Member for the payment of rent without the written consent of Stacks Co.

  1. Cancellation You may cancel your Services at any time. You may cancel the subscription any time before the end of the current billing period through the Stacks Co. website or by contacting [email protected] The cancellation will take effect on the next billing period, except as otherwise communicated to you by Stacks Co. You will retain access to the Services from the time you cancel until the start of the next billing period, and will not receive a refund for any remaining days in your current billing period. Subscription fees paid are final and non-refundable, unless otherwise determined by Stacks Co.
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