Community Expectations
Keeping the space clean: Because this is a shared space, everyone is expected to participate in keeping the space clean. Members are expected to throw away trash in trash bins, recyclables in recycle bins, put dirty dishes in the dishwasher, and generally keep their personal space tidy. No smoking or vaping in the building.
Talking and Noise Levels: Members can take calls from their desks, but should try to keep the volume level down. That being said, this is a shared space, and members are allowed to talk. Conference rooms can be booked, if available, when a quieter space is needed. Phone rooms can be used as available for up to one hour at a time. In general, Members and their guests need to be considerate of others to help make BendTECH a comfortable place for all.
Dogs: At BendTECH we love our furry members. If a member would like to bring a dog to BendTECH, the member needs to provide vaccination records and the dog will need to be approved by BendTECH staff. See Exhibit B: Dog Policy.
Mail: BendTECH will attempt to sort Mail into Member’s designated mail slots and packages will be left in a designated package area, but it is the responsibility of the members to check their mail and remove it from the Workspace. The mail area is not secure. BendTECH is not responsible for lost or stolen items. Mail left unclaimed for more than 30 days will be returned to sender.
Assignment: No Member may assign or sublet their desk or allow others to use their desk. A Member with an office shall only permit others to use their office who have a signed membership agreement with BendTECH. A Member may not allow the number of persons working in the Member's office at any one time to exceed a reasonable number as determined by BendTECH.
Communication: Members will be added to the BendTECH Slack channel and e-mail list to communicate news. If a Member is not receiving communications, it is the Member’s responsibility to let a BendTECH staff member know.
Exhibit A - Terms of Use
The following Terms of Use may be somewhat lengthy, but we want to be careful to ensure
that everyone is properly protected. Please feel free to contact us at info@bendtech.com with any questions regarding these terms.
1. Acceptance of Terms
The services Tech Alliance of Central Oregon dba BendTECH (“BendTECH”) provides to you, the undersigned (including but not limited to use of Coworking space and access to Internet), are subject to the following Terms of Use (“TOU”).
BendTECH reserves the right to update the TOU at any time. BendTECH 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.
2. Description of Services
BendTECH may provide you with access to office space, work stations, Internet access,
office equipment, conference space, knowledge resources and any other services that may be
offered from time to time (collectively, “Services”). The Services at all times are subject to the
TOU. Common area conference rooms, phone rooms and bicycle storage areas are subject to the TOU and other such rules and regulations as BendTECH and/or the Building owner may from time to time establish.
3. Guests
Members should feel free to invite friends or guests for lunch, a quick meeting, or just to say hello. However, Member’s guests must be accompanied by Member at all times while in the Coworking Facility. If a guest is going to be in the Workspace for more than an hour he/she needs to check in with BendTECH staff and pay for a daily pass, provided space is available.
Member agrees to be responsible for any damage or injury caused by Member’s guest while in or around the Coworking Facility.
4. Personal Property
Member may, at Member’s own risk, store personal property on Member’s Dedicated Desk or in Member’s office as applicable, but not elsewhere in the Coworking Facility. BendTECH is not responsible for Member’s personal property left anywhere in the Coworking Facility. Member shall remove any personal property from the Coworking Facility upon termination of this Agreement or if requested by BendTECH. Any personal property remaining on the Coworking Facility after termination of this Agreement will be disposed of by BendTECH. Member waives all damages or claims regarding Member’s personal property.
5. Damage to the Coworking Facility
Member is liable for any damage Member may cause to the Coworking Facility or any personal property located in the Coworking Facility, and agrees to reimburse BendTECH (or another member, if Member damages another member’s personal property) within 10 days after demand for the cost of repair and/or replacement.
6. 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. You may not use the Services in
any manner that could damage, disable, overburden, or impair any BendTECH systems, or the
network(s) connected to any BendTECH 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 BendTECH server or to any of the
Services, through hacking, password mining or any other means.
7. Access to the Workspace
Access to the Workspace is by electronic locking mechanism. Offices in the Workspace will be locked and accessed by keys provided by BendTECH. No additional locks or bolts of any kind shall be placed upon any of the doors or windows of the Workspace or Building by any Member, nor shall any changes be made in existing locks or the mechanism thereof, without the prior written approval of BendTECH. Keys, key cards and other similar items used to gain physical access to the Workspace remain the property of BendTECH and may not be shared with anyone other than Member’s employees who are authorized to access the Workspace. Members are responsible for safeguarding this property, and are responsible for replacement fees should any such property be lost, stolen or destroyed. Members may not make copies of any keys or key cards.
8. Use of Services
You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with pyramid schemes, chain letters, junk email, spamming;
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 BendTECH 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 limited to, 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. Use an excessive amount of data, print an excessive amount of paper or use any other services or supplies in an unreasonable 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;
j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; and
k. Violate any applicable laws or regulations;
9. BendTECH reserves the right at all times to disclose any information about you, your
participation in and use of the Services as BendTECH 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 BendTECH’s sole discretion.
10. Confidentiality
Because BendTECH is a shared work space, BendTECH recommends that all conversations in which you discuss confidential or proprietary information be held in conference rooms, conversation rooms or phone rooms or outside of the Coworking Facility. Member is solely responsible for safeguarding Member’s own confidential and proprietary information. While at the Coworking Facility, you may overhear or otherwise learn of information of other members or their businesses or of BendTECH’s business that is or would reasonably be expected to be confidential or proprietary (“Confidential Information”). Confidential Information of other members or of BendTECH may include business information, trade secrets, business plans, strategies, methods, ingredients and formulas, practices and product information. Member agrees that they will keep confidential and not disclose to any third party any Confidential Information relating to another member or that member’s business or BendTECH and not to use another member’s or BendTECH’s Confidential Information for any purpose. Confidential Information will not include information that is or becomes publicly known (other than by the actions of a Member in violation of this Agreement) or information to which the other member has consented in writing to disclosure.
11. 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 BendTECH 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. Member understands that in order to promote the safety of persons using or visiting the Workspace, and for the security of the Workspace, BendTECH may (but will not be required to) record by video camera any portion of its Workspace at any time, the only exception being private areas of restrooms and showers (if any), in order to help promote the safety and security of people and property. Each Member consents to the above.
12. Nature of the Agreement; Relationship of the Parties
Member’s agreement with BendTECH is a service agreement under which BendTECH is giving Member the right to share with it and other members the use of dedicated or shared space in the Coworking Facility so that BendTECH can provide the Services to Member. Notwithstanding anything in this Agreement to the contrary, the parties agree that their relationship is not that of landlord-tenant or lessor-lessee and this Agreement in no way shall be construed as to grant Member any title, easement, lien, possession or related rights in BendTECH’s business, the Coworking Facility, the Dedicated Desk or anything contained in or on the Coworking Facility. This Agreement creates no tenancy interest, leasehold estate, or other real property interest. The parties hereto shall each be independent contractors in the performance of their obligations
under this Agreement, and this Agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture, for any purpose.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENDTECH PROVIDES THE SERVICES “AS IS”, 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.
14. Exclusion of Incidental, Consequential and Certain Other Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BENDTECH 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 BENDTECH, AND EVEN IF BENDTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. 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 BendTECH 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. You agree that no punitive, consequential, expectation or any other types of damages shall be available. 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.
16. Termination
BendTECH reserves the right to terminate any Service at any time. BendTECH further reserves the right to terminate your participation in and use of the Space and any Services, immediately and without notice. BendTECH specifically reserves the right to refuse admittance to the Workspace at such times and to such persons as BendTECH determines is reasonably necessary to protect the safety of the Building or its occupants.
17. Indemnification
Member agrees to indemnify and hold harmless BendTECH, its officers, directors, employees and contractors (“BendTECH Parties”) against all losses, damages, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from all claims, proceedings, investigations or actions arising out of or in connection with (a) Member’s breach of any provision of this Agreement, or (b) Member’s negligent or willful acts or omissions, or (c) any damage or injury caused by a guest, employee, affiliate, or pet of Member. 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 BendTECH or its respective officers and agents in connection with the defense of such claim or lawsuit.
18. 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.
19. Insurance
BendTECH provides General Liability Insurance. BendTECH’s insurance policy does not provide coverage for your business or personal property, and will not be responsible for any property loss. BendTECH strongly recommends that members provide their own insurance coverage for their business and personal property.
20. Harassment
BendTECH is dedicated to providing a harassment-free experience for everyone, regardless of gender, gender identity, age, sexual orientation, disability, physical appearance, race, genetic information, medical conditions, national origin, political affiliations, ideology, or religion (or lack thereof). Sexist, racist, discriminatory, or harassing language and imagery is prohibited in the Work Space, whether in person or online. Behavior that amounts to harassment will
not be tolerated and may result in disciplinary action, up to and including immediate cancelation
of services.
Exhibit B
BendTECH Dog Policy
At BendTECH we love our furry members. If a member would like to bring a dog to BendTECH, the member needs to have their dog approved by BendTECH staff and show proof of vaccination.
Guidelines:
To bring your dog to work, Dogs of BendTECH must be up to date on rabies vaccinations as required by Oregon state law. Distemper and Bordetella (kennel cough) are also recommended per AAHA guidelines. Proof of vaccination is required as part of the pet application process.
We recommend waiting a month before bringing your dog to work. This will give you time to get settled in and decide if the coworking lifestyle is right for your dog.
Dogs must be on a leash at all times. With multiple dogs in the Work Space we cannot have them roaming around.
BendTECH dogs must be well-behaved. They should be obedient, well-socialized and with no history of biting, excessive barking, chasing or aggressive behavior. Signs of aggression shown towards people or other dogs, growling, excessive barking, biting, scratching, garbage diving, food s
tealing, jumping or multiple “accidents” inside are all considered inappropriate behavior. Even if your dog has been approved, BendTECH reserves the right to prohibit a dog from being in BendTECH's space for any reason.
Your dog must be house trained. If your dog has an accident, clean up the mess immediately. Cleaning supplies are in the storage cabinet near the mailboxes
Dogs should be clean and well-groomed. Dogs must not have ticks or fleas. If your dog is found excessively scratching, we may ask you to have your dog checked and be treated before it can come back to the work space.
Member Responsibility and Indemnity: Each member or other person bringing a dog into the work place is solely responsible for any injury, damage or liability arising from his or her dog’s actions at the Work Space, and agrees to indemnify BendTECH, its employees and representatives against any claims arising from those actions.
BendTECH reserves the right to prohibit dogs in BendTECH. No pets other than dogs are allowed in BendTECH.
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