Terms of Service

Legal Agreement: Terms of Service

VERT COWORKING COMMUNITY NORMS (THE NON-LEGAL STUFF)

THIS IS A COMMUNITY SPACE

Vert is foremost a place for like-minded people to come together to share amazing lives and help each other to thrive professionally, physically, and socially. It’s not a library or a graveyard - friendly interaction is welcomed and encouraged, and that interaction will produce some noise.
That said, when having conversations either in person, on the phone or via your computer, please use the phone booths, café, the landing in the climbing/functional gym building or outside when weather allows. We will continually work on sound mitigation - let us know where you see/hear problems so we can find solutions. Be conscientious of your neighbors in the main working area and use the many spaces we have where a phone conversation won’t impact others.
This is a community space open to all residents and guests in Estes Park. We plan and anticipate lots of public business and social events in the facility outside of our 8 am - 5 pm Monday - Friday publicly open hours. If you regularly need to engage in focused work in the evenings or on weekends, let us know if the activities are hindering your productivity and we’ll do our best to find a quieter place for you to work.
As a small, relaxed space, we’re counting on you to help us keep Vert amazing. Make sure it’s better when you leave each day than when you arrived. Be kind and honest with each other and our staff. Let us know when something needs fixing or improving! Constructive suggestions are welcome, especially when accompanied by possible solutions.
Tech is a critical part of most of our businesses, but we value unconnected time too. We spend lots of time in the forest and mountains with no signal, social time with friends when we put aside our phones, and no communication devices enter our bedrooms. All that to say that if you’re working on a project at 2 am and have an issue, you’re going to have to either figure it out yourself or wait until the next business day when we will do our best to help you.
We have balance boards and memory foam pads for your use. Feel free to take one when you want and then return it when you’re done using it so another member can use it.
Alix and I are retired military officers. We speak directly and have fairly gritty senses of humor and very, very low thresholds for drama. We work hard to be conscientious and kind but if our manner offends, it’s (almost) never intentional. If you are extremely sensitive, please consider and discuss that with us before you join our community. We want you to love being a part of this tribe!

GUEST POLICY

You (and your team, if you have a multi-person workstation or office) are the only authorized user(s) of your space, except for short (less than 2 hour) meetings with clients. If you have someone coming in to work with you for a longer period, a day pass will get them access to the flex desk areas for the day!
Talk with us ahead of time when something unusual comes up and we’ll work hard to find a solution. We’re all here to help each other succeed!

DOGS

This is a dog-friendly place. Our rescue Anatolian Shepherd, Koda, will be here when we are. He is the King, so make friends with him.
Full-time office and dedicated desk members may bring in a dog if it is well behaved and we have capacity. A $50 non-refundable deposit will be required. Dogs that pee, poop, bite or bark ceaselessly inside our facility will unfortunately not be allowed to stay until you train them for this kind of environment. If your dog sheds profusely, we’ll expect you to contribute extra to our cleaning fees.
We have a gorgeous back yard for you to walk your pup and the lake is only two blocks away if you want a little more exercise. We have poop bags available and a dumpster for disposal. Abuse of that will mean your pup won’t be able to accompany you here.

NO SMOKING ANYTHING ANYWHERE ON THE PROPERTY

Sorry, no exceptions. We’ve personally lost too many to lung cancer. Well, maybe you can smoke a brisket or pork belly. If that’s the case, let’s talk.
Don’t come in smelling like cigarette or marijuana smoke.
Let us know how we can help if you’re struggling to quit.

LAST ONE OUT? CLOSE UP SHOP

If you are the last person to leave, please close and lock windows and turn off the lights and fans, if on. If you were out on the deck, please ensure that door is locked, including the dead bolt. The front doors will lock automatically (once the new doors are installed!).

CONSERVE

One of the things we love about this place is its natural beauty and we want to do our part to sustain that. Please help us.

Reduce. Please don't print material that could remain in digital form.
Paper Disposal. If you absolutely must print, there is a secure shred bin next to the printer. Feel free to drop any sensitive documents in there and our federally licensed secure shredding service will take care of it monthly. For super sensitive documents, we have a small office shredder available so you can shred it immediately yourself.
Garbage and General Recycling. We have labeled waste cans in the café. Please only put food waste in that can, non-food waste in the trash can and recycling in the appropriate receptacle. Remember that recyclable packaging with food debris/oil on it is food waste and can’t be recycled.
Water. As you know, much of the Western US is in a severe, prolonged drought. Please remember that as you take showers - enjoy that warm water conscientiously!

OFFICE SPACE ACCESS

Private Office/Fixed Desk Members: You have 24/7/365 access to the space.
Hot Desk/Week/Day Pass Members: The space is open from 8:00 to 5:00 Monday to Friday. If you want to use the space outside those hours, talk to us to see what’s possible. It will include paying $25/hr for any staff members who need to be here during your after-hours usage.

RMHC@VERT ACCESS

Use of the RMHC@Vert amenities (gym spaces, lockers, shower rooms, saunas) is reserved for those Vert members and guests who have purchased the Premium Supplement, as well as our RMHC@Vert full members during the below hours. We want those amenities available to those who choose to have those level of memberships.
Vert 24-hour Members With RMHC@Vert Premium Membership have access to everything 24/7/365.
RMHC@Vert Only Members: Gym access is 5 am - 10 pm, 7 days per week. Locker room access is 8 am - 5 pm, Monday - Friday.
Vert Flex Desk Members and Day Guests With RMHC@Vert Supplement: Gym and locker room access is between 8 am - 5 pm, Monday - Friday.
Please be respectful of the cleaning crews when they are in the locker rooms. Let them do their important work.

MAIL, PACKAGES AND OUR ADDRESS

If you choose to add mail services to your membership, you will need to complete Postal Service Form 1583 and we will assign you a box and/or suite number that you will need to include with your address. We will make a mail run once per non-holiday weekday to the local post office to drop off/pick up mail.
If you have non-USPS (UPS, FedEx) packages sent to you at our address, we will expect you to separate trash from recyclables and take the packing materials out of the space. Reasonable amounts of trash can go in our dumpster but you will need to take your recyclables to the local transfer station.
Google has very specific rules about using our address for your Google My Business listing. Please do not change your address on GMB to the Vert address until we have discussed and ensure compliance with Google’s requirements. Doing so without our explicit agreement will end your Vert membership immediately.

THE “VERT MEMBER” REFRIGERATOR

This is a shared amenity for your day-to-day needs, not to store the bounty from your latest Costco run. Though feel free to bring chocolate.

Please put personal food items in the “Vert Member” refrigerator only and remember to label all personal items. If it’s unlabeled and it disappears, don’t come crying to us. The other fridge is for Vert Staff, and is for our use to supply events, coffee amenities, and our personal food addictions which are none of your beeswax.

We will dispose of all food items from the Vert Member fridge every Friday afternoon. If food is labeled, we’ll try to contact you before disposal but if we can’t reach you, out it goes.

COFFEE AND "VERT STAFF" FRIDGE BEVERAGES

We love coffee. That’s why we purchased a really, really nice Jura coffee machine that makes a gazillion types of delicious beverages. Our coffee is budgeted and intended primarily for our members however we want you to be able to provide amazing Vert hospitality to your guests as well. If you are going to have a large group or regular guests/clients, please discuss with us ahead of time so we can come to an agreement on your contribution to the coffee fund.

The coffee station is a shared resource that requires daily attention. Please:
If you empty it, fill it.
If you dirty it, clean it.
If you open it, close it.
If you spill it, wipe it up.
If you see a problem you can’t fix, please notify us immediately during the day. If outside of staffing hours (8 am -5 pm, Monday - Friday), call or text (210)-254-0781 or email info@vertcoworking.com.

Milk for your Lattes, Cappuccinos and Flat Whites will be stored in the Vert Staff refrigerator (don’t worry, we’ll train you). In the “Vert Staff” refrigerator there will be water bottles (though we highly recommend bringing your own refillable bottle) and other beverages, including adult versions. Once again, these are intended for our members. If you have a guest or group coming in, please purchase your supplies and put in the “Vert Member” refrigerator (appropriately labeled).

ALCOHOL USE AND SAFETY

We want a collegial, relaxed environment, and will have alcohol-free beers in the fridge along with other non-alcoholic offerings. On many Fridays we plan to host Happy Hours for our members with wine and beer (for those over 21). Everyone needs to be adult and participate responsibly. Do not drink to stupidity-levels of excess here – if you damage property or get belligerent, you’ll be asked to leave and your membership will be immediately terminated. If you need a ride, ask for one - so much better than the alternatives.

NO DRAMA

That’s it. We get that sometimes things happen outside our control and we’re here to help as we can, but life’s too short for fabricated or chronic drama. If that’s your style, Vert is not the place for you.

WE ARE NOT SAVAGES

Use a coaster. Wear shoes. Don’t nap on the couches unless you’re literally the only one here. Don’t leave your stuff everywhere. Don’t be a jerk. If you use a blanket or a lap desk, put it away when you’re done. Eat with a fork. Use a napkin. Put your dishes in the dish bin. Keep your work area neat enough that we don’t feel we should call the EPA. You get the idea. Don’t be that person who gets called out on Reddit.

Ok, on to the legal stuff:

TERMS OF USE / COMMUNITY RULES

Yes it’s long. Sorry about that. But it’s important so please read carefully as this describes our mutual rights and obligations. Any questions, please ask.

Acceptance of Terms. The services AdEstes Group Inc., DBA Vert Coworking, provides to you, the undersigned, (including but not limited to use of office space at 1230 Big Thompson Avenue, Estes Park, CO 80517, access to Internet, etc.), are subject to the following Terms of Use (“TOU”). Vert Coworking reserves the right to modify and/or update the TOU (as well as the Community Rules) at any time without notice to you.
Description of Services. Vert Coworking may provide you with access to office space, work stations, internet access, office equipment, conference space, knowledge resources, and other services as Vert Coworking may offer from time to time pursuant to the Application and Membership Agreement (“Member Agreement”) to which this TOU is attached (collectively, “Services”). The Services are subject at all times to the Member Agreement, this TOU and the Community Rules referenced in Section 3.
No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices, or that are prohibited by the Community Rules attached to this TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any Vert Coworking server, or the network(s) connected to any Vert Coworking 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 Vert Coworking 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 the Member Agreement and abide by the terms and conditions of this TOU (and all Community Rules) 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:
1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spamming or any duplicative or unsolicited message (commercial or otherwise);
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Vert Coworking servers or bandwidth;
4. 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 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;
5. 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;
6. 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;
7. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
8. Restrict or inhibit any other user from using and enjoying the Services;
9. Violate any code of conduct or other guidelines which may be applicable for any particular Service;
10. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
11. Violate any applicable laws or regulations;
12. Create a false identity for the purpose of illegally misleading others;
13. Obstruct any entranceway, create any circumstances of disrepair or damage any Vert Coworking Property or Premises;
14. Bring any pets onto the Vert Coworking Premises, unless with specific permission from Vert Coworking management and in accordance with the Community Rules and all applicable laws.
15. Use cellular phones or other communication devices in a manner that will be disruptive to other members. In the interests of maintaining a peaceful environment, Vert Coworking requests that all members, guests, and clients turn their phones to vibrate while in the Premises. We also ask that you use a headphone, phone booth areas or meeting room for calls longer than three minutes; or
16. Otherwise violate the Member Agreement, this TOU or any of the Community Rules.
17. Otherwise exceed the following usage limitations in relation to the shared conference space: Members may not have more than 14 individuals total in the large conference room. All monthly allotments of conference space usage included with certain memberships, as well as purchases of additional usage, are subject to availability of the conference space. Unused time does not roll over or accrue from month to month.
Vert Coworking Required Disclosures. Vert Coworking reserves the right at all times to disclose any information about you and/or your participation in and use of the Services as Vert Coworking 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 Vert Coworking’s sole discretion.
Confidentiality.
1. 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 Vert Coworking 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, knowhow, 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 Vert Coworking, any analyses, compilations, studies or other documents prepared by Vert Coworking or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
2. Your participation in and/or use of the Services obligates you to:
  1. Maintain all Confidential Information in strict confidence;
  2. Not to disclose Confidential Information to any third parties;
  3. Not to use Confidential Information in any way directly or indirectly detrimental to Vert Coworking or any participant or user of the Services.
3. All Confidential Information remains the sole and exclusive property of Vert Coworking or the respective disclosing party. You acknowledge and agree that nothing in the Member Agreement, this TOU or Community Rules, 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 Vert Coworking or any participant or user of the Services.
Participation In or Use of Services. You acknowledge that you are participating in or using the Services of your own free will and decision. You acknowledge that Vert Coworking 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.
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERT COWORKING PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS 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 CONCERNING ANY USE OF THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY OR ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES, REMAINS WITH YOU.
Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERT COWORKING 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 VERT COWORKING, AND EVEN IF VERT COWORKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 VERT COWORKING 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 NOT TO EXCEED TWO HUNDRED NINETY NINE DOLLARS (USD $299.00). 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.
Termination. Vert Coworking reserves the right to terminate any Service at any time. Vert Coworking 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 or Community Rules. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY VERT COWORKING NOR THIS AGREEMENT SHALL IN ANY MANNER CONSTITUTE A LANDLORD/TENANT RELATIONSHIP, AND VERT COWORKING MAY IMMEDIATELY TERMINATE THE SERVICES FOR ANY REASON AT ANY TIME. Upon termination, you agree to immediately remove any and all of your personal property from the Premises.
Indemnification. You release, and hereby agree to indemnify, defend and save harmless Vert Coworking and Vert Coworking’s parent companies and 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 (including, without limitation, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and/or 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 Vert Coworking or its respective officers and agents in connection with the defense of such claim or lawsuit.
Insurance. As required by the owner of the building located at 1230 Big Thompson Avenue, Estes Park, CO 80517, Vert Coworking carries Liability and Business Personal Property insurance.
1. Vert Coworking members who do not have permanent, exclusive workspace are not required to do so, but it is strongly suggested that they carry an insurance policy to cover their own equipment and personal property while using our space. That policy may cover your current residence/office, as well as the Premises of Vert Coworking.
2. Vert Coworking members who do have permanent, exclusive workspace are required to carry an insurance policy to cover their own equipment and personal property as well as liability for any damage cause to the property or premises at 1230 Big Thompson Avenue, Estes Park, CO 80517, Vert Coworking or the property of any other Vert Coworking guests.
Additional General Terms. By signing this TOU, you furthermore agree to the following additional general terms and conditions of your membership:
1. You shall not place anything, or allow anything to be placed, in the common areas, in any, or near the glass or any window, door, partition or wall which may in Vert Coworking's judgment, appear unsightly from the common areas or from the outside of the building in which the Premises are situated ("Building").
2. The sidewalks, halls, passages, exits, entrances, and stairways shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises. The halls, passages, exits, entrances, stairways, etc., are not for the use of the general public and Vert Coworking shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of Vert Coworking, reasonably exercised, shall be prejudicial to the safety, character, reputation and interests of the Building. Neither you nor any of your employees or invitees shall go upon the roof of the Buildings.
3. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purposes other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and to the extent caused by you or your employees or invitees, the expense of any breakage, stoppage or damage resulting from the violation of this norm shall be borne by you.
4. You shall not cause any unnecessary janitorial labor or services by reason of your carelessness or indifference in the preservation of good order and cleanliness.
5. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for lodging (the use of the coffee maker and microwave provided are, however, permitted uses).
6. You shall not bring upon, use or keep in the Premises or the Building, any kerosene, gasoline or flammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Vert Coworking.
7. Vert Coworking shall have sole power to direct electricians to where and how telephone and other wires are to be introduced. No boring or cutting of wires is to be allowed without the consent of Vert Coworking. The locations of telephones, call boxes and other office equipment affixed to the Premises are determined by Vert Coworking, in its sole discretion. Note: Vert Coworking is a wireless telephone facility. No phone lines will be run for your space.
8. Upon the termination of Services, you shall deliver to Vert Coworking all keys and passes for offices, rooms, and toilet rooms which shall have been furnished to you. In the event of the loss of any keys so furnished, you shall pay Vert Coworking therefore. You shall not make, or cause to be made, any such keys, you shall order all such keys solely from Vert Coworking and you shall pay Vert Coworking for any additional such keys over and above the set(s) of keys originally furnished by Vert Coworking.
9. You shall not install linoleum, tile, carpet or other floor covering so that the same shall be affixed to the floor of the Premises in any manner except as approved by Vert Coworking.
10. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the stairways, except between such hours and in such stairways as shall be designated by Vert Coworking.
11. When accessing the Building after hours, you shall cause all doors to the Premises to be closed and securely locked before leaving the Building.
12. Without the prior written consent of Vert Coworking, you shall not use the name of the Building or any picture of the Building in connection with, or in promoting or advertising your business.
  1. If you have a six (6) month or greater license for an office or dedicated desk, you may use the address of the Building and your mailbox number as the address of your business.
  2. If you have a six (6) month or greater license for a dedicated mailbox but no office or dedicated desk license, you may only use the address of the building and your mailbox number as your mailing address but not as your physical address or for such purposes as Google My Business.
13. You shall cooperate fully with Vert Coworking to assure the most effective operation of the Premises' or the Building's heat and air conditioning and shall refrain from attempting to adjust any controls.
14. Except for Vert Coworking's gross negligence, you assume full responsibility for protecting the Premises from theft, robbery, and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured.
15. Except with the prior written consent of Vert Coworking, you shall not sell or cause to be sold any items or services at retail in or from the Premises, nor shall you carry on or permit or allow any employee or person to carry on the business of machine copying, stenography, typewriting or similar business in or from the Premises for the service or accommodation of occupants of any other portion of the Building without written consent of Vert Coworking.
16. You shall not conduct any auction nor permit any fire or bankruptcy sale to be held on the Premises, nor store goods, wares, or merchandise on the Premises. You shall not allow any vending machines on the Premises without Vert Coworking's prior consent, which consent may be withheld in its sole absolute discretion.
17. All freight must be moved into, within and out of the Building under the supervision of Vert Coworking and according to such regulations as may be promulgated by Vert Coworking. All moving of furniture or equipment into, within or out of the Building by you shall be done at such time and in such manner as directed by Vert Coworking or its agent. In no cases shall items of freight, furniture, fixtures or equipment be moved into or out of the Building or in any common area during such hours as are normally considered rush hours to an office building; i.e., 8:30-11:30 A.M. and 12:30-4:30 P.M., without prior written permission from Vert Coworking.
18. On weekends, federally observed holidays and on other days during certain hours for which the Building may be closed after normal business hours, access to the Building or to halls, corridors, elevators, stairwells will be controlled by Vert Coworking using an electronic key system. This system will verify all persons seeking access to the Building using proper identification to determine if they have rights of access to the Premises. Vert Coworking shall in no case be liable for damages wherein admission to the Building has not been granted during abnormal hours by reason of your failing to properly identify yourself using an electronic key, or through the failure of the Building to be unlocked and open for access by you, your employees and general public. Nothing contained herein shall oblige Vert Coworking to provide such an electronic key system or to make Vert Coworking liable for any act or omission or failure of such system and the electronic keys which may be provided.
19. You shall not change locks or install other locks on doors without the prior written consent of Vert Coworking.
20. You shall give prompt notice to Vert Coworking of any accidents to or defects in plumbing, electrical fixtures or heating apparatus reasonably known to you so the same may be attended to properly.
21. Vert Coworking shall have the power to prescribe the weight and position of safes or other objects which shall, if considered necessary by Vert Coworking, be required to be supported by such additional materials placed on the floor as Vert Coworking may direct, and at your expense. In no event can these items exceed a weight for which the floor is designed.
22. Internet Policy: Wireless access to The Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. Vert Coworking is not responsible for any data, business or other losses as a result of such interruptions. You are responsible to protect your own computer and data from electrical surges, theft, virus, or other malicious attack. Unless otherwise set forth by Vert Coworking in writing, you are receiving a single user account solely for your use of the Services through one unit per login session. You agree not to resell any aspect of the Service, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches this TOU and may constitute fraud or theft, for which Vert Coworking reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. Vert Coworking may change your address, log-in name or password at any time. Vert Coworking will assign you an IP address each time you access the Service, and it will vary. You may not assign your login name, password or IP address to any other person. You agree not to use the Service, any Vert Coworking or related network or website for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:
  1. violating any applicable law or regulation;
  2. Posting or transmitting content you do not have the right to post or transmit;

Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;

Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful or otherwise objectionable as determined in our sole discretion;
Attempting to intercept, collect or store data about third parties without their knowledge or consent;
Deleting, tampering with or revising any material posted by any other person or entity;

Accessing, tampering with or using non-public areas of the Service or any Vert Coworking or related website, computer systems or network;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

Attempting to access or search the Service or any Vert Coworking or related network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Vert Coworking or other generally available third-party web browsers;
Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
Using the Service or any Vert Coworking or related website or network to send altered, deceptive or false source-identifying information;

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any Vert Coworking or related website or network;
Interfering or attempting to interfere with the access of any user, host, or network, including without limitation, sending a "virus" to the Service or any Vert Coworking or related website or network, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any Vert Coworking or related website or network; or
Impersonating or misrepresenting your affiliation with any person or entity. If Vert Coworking suspects violations of any of the above, Vert Coworking will investigate and may institute legal action, immediately deactivate Service to any account without prior notice to you, and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with Vert Coworking in investigating suspected violations.

You shall not install, maintain or otherwise locate at Vert Coworking any computer server of any kind, whether hardware or software without written permission from Vert Coworking.

Miscellaneous.
1. Entire Agreement. This TOU, the Member Agreement, and Community Rules constitute the entire agreement between the parties pertaining to the subject matter contained therein, and supersede all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter.
2. Severability. In the event that any provision or portion of this TOU, the Member Agreement or Community Rules is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU, the Member Agreement and Community Rules shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
3. Waivers. No waiver shall be binding on Vert Coworking unless executed in writing by an authorized representative of Vert Coworking.
4. Successors and Assigns. This TOU, the Member Agreement and Community Rules shall be binding on your heirs, legal representative, successors and assigns.
5. No Assignment. In no event may you assign in whole or in part your membership or use of the Services, without the advance written consent of Vert Coworking.
6. Notice. All notices, requests, demands or other communications for which this TOU, the Member Agreement or Community Rules provides shall be in writing and shall be addressed at the following addresses: If to Vert Coworking: Vert Coworking, 1230 Big Thompson Avenue, Estes Park, CO 80517. If to you: At the address set forth on page 1 of the Membership Agreement , or such other address as any party may designate in writing. All notices under this TOU, the Member Agreement and Community Rules shall be effective: (a) forty-eight (48) hours after deposit in the U.S. Mail, postage prepaid, registered or certified mail, return receipt requested; (b) Upon delivery, if delivered in person to the address set forth above; or (c) upon delivery, if sent by commercial express service, such as Federal Express, except that notices of change of address shall be effective upon receipt.
7. Attorney's Fees. If Vert Coworking shall bring any action for any relief against you arising out of this TOU, the Member Agreement or Community Rules, the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
8. Governing Law. The rights and obligations of hereunder shall be governed by, and this TOU, the Member Agreement and Community Rules shall be construed and enforced in accordance with, the laws of the State of Colorado. Venue for the resolution of any dispute arising out of this TOU, the Member Agreement or Community Rules shall be Larimer County, Colorado.
9. Modification. Vert Coworking may in its sole discretion, upon written notice, change the Terms of Use and Community Rules.

I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU (including the attached Community Rules) and further agree to be bound to the TOU and Community Rules regarding my participation in and use of the Services.

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Legal Agreement: Terms of Service