1. Acceptance of Terms.
2. Description of Services.
Mod conducts its operations in several properties and facilities around the country and provides its Members and their guests with various business services in those environments, including, but not limited to, seats, desks, tables, conference rooms, meetings areas, internet access, concierge services, food & beverage, retail offerings and the right to order and pay for those services through its mobile app (collectively, "Services"). The Services at all times are subject to the TOU.
3. License Agreement.
You are granted use of Mod services and its environments as a licensee and not as a tenant. Mod is not renting space to you or your guests and none of the rights, implied warranties and privileges of a tenant are conferred upon any member or guest. Your Mod membership is offered as a license agreement. This license is revocable and offered subject to these TOU. Upon entering a Mod environment you agree to comply with all federal, state, and local laws and to be bound by the hours of operation, parking rules and the rules of conduct that apply to that particular Mod environment.
4. Consent to Charges.
As a member of Mod or to use any of its Services you agree to pay for the use of the environment and the services received according to the published rates for such services. If you are an hourly member you agree to pay for the time you are in a Mod environment at the hourly rate applicable to that location. It is understood that the charges for your hourly use are due and payable immediately upon exiting a Mod environment and you consent to such charges immediately being made to your credit card upon leaving the premises. You do not have any guest privileges as an hourly member so any of your guests or invitees must pay the same hourly rate as you. If you are a monthly member, unless otherwise agreed, your membership will be month-to-month. You agree to let Mod charge your credit card on the first of each month for the published rate applicable to your membership until you terminate the membership. We will charge you each month unless you let us know that you wish to terminate your membership by the 25th of the prior month. All food and beverage charges be incurred immediately upon ordering and you consent to your food and beverage and retail purchases being made to your account, and to your credit card, without first being presented with a bill or invoice. Similarly, all charges arising from conference room, meeting room and other reserved uses of all or a portion of a Mod environment shall be immediately due and payable at the conclusion of the use of those environments and you consent to the charging your account and the applicable credit card for such services when due. In some cases, Mod may require that you pay a deposit to hold a space or service in advance and you agree that such deposit will be considerednon-refundable and may be forever held by Mod per the terms of any such deposit arrangement even if you are unable to keep the reservation due to circumstance beyond your control.
5. 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 by any federal, state and local laws and regulations. You agree to not use, release, treat, store, dispose of or generate at, on or about the Mod environment any hazardous substances. Further, you may not use the Services in any manner that could damage, disable, overburden, or impair any Mod server, or the network(s) connected to any Mod 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 network connected to any Mod 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.
6. 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 Mod 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 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 of 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 the Mod environment at issue);
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.
7. 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 Mod 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.
There may be times when parts or all of the Mod environment are reserved for use by other parties. Mod will do its best to notify all members ahead of such times and encourage you to check the Mod calendar, dashboard, social media, texts and emails for such notifications. In the event of a partial or total closure of the Mod environments for such activities, Mod will try to make other environments available. Non-members may use conference and meeting tooms by making a resrvation and paying for that use. Mod cannot guarantee any of its members that the conference room or meeting room they seek to use will be available when desired.
8. Disclaimer of Warranties.
To the maximum extent permitted by applicable law, Mod 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. Mod will do its best to provide you with a safe and productive work environment. However, Mod cannot guarantee you that the Mod mobile app, internet access, printers, a/v equipment and similar devices and technologies will work all the time or at the expected speeds or desired response times. You agree to release Mod from any liability and waive all rights to be reimbursed, compensated or to otherwise receive any form damages for the failure of any equipment, device or technology, including the Mod mobile app. Similarly, Mod provides a secure environment but cannot protect you against loss or theft of any personal property you bring to a Mod environment. You agree to waive, release and hold Mod harmless for any and all theft or loss of personal property.
9. Exclusion of Incidental, Consequential and Certain Other Damages.
To the maximum extent of permitted by applicable law, in no event shall Mod 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, 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 Mod, and even if Mod 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.
10. Limitation of Liability and Remedies.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitations, all damages referenced above and all direct or general damages), the entire liability of Mod 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.
Mod reserves the right to terminate any Service at any time. Mod 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.
You release, and hereby agree to indemnify, defend and save harmless Mod and Mod'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, judgements, 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 attorney's fees and costs incurred by Mod or its respective officers and agents in connection with the defense of such claim or lawsuit.
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.