Monthly Membership Terms and Conditions

 

Monthly Membership Agreement-Terms and Conditions

GENERAL TERMS. The Incubator for Innovation & Impact, a department of Concordia University Austin (“Concordia”), known hereinafter as "THE INCUBATOR" and located at 11400 Concordia University Drive, Austin, TX 78726. The following are the general terms this Membership Agreement (hereinafter "Agreement") as executed between THE INCUBATOR and a participant in the programs and services of THE INCUBATOR, known hereinafter as the "MEMBER", collectively the “Parties”.

GENERAL CONDUCT: MEMBER will comply with rules of and posted signs at THE INCUBATOR and on Concordia campus. MEMBER will be respectful of staff and fellow members. MEMBER will keep work area clean, maintain appropriate volume level, and work to strengthen the community by supporting fellow members when possible.

APPLICATION VERIFICATION & CRIMINAL HISTORY CHECK: MEMBER attests that all information MEMBER has provided in the membership application is true to the best of MEMBER’s knowledge. MEMBER agrees and consents to Concordia verifying any information provided in MEMBER’s application and to Concordia performing a Criminal History Check. Concordia reserves the right to deny access and/or terminate any MEMBER immediately based information revealed during its verification and criminal history check of MEMBER.

NO EMPLOYMENT RELATIONSHIP: By entering this Agreement and participating in the INCUBATOR programs and services, no employment relationship or partnership of any kind is created by this Agreement between the MEMBER and Concordia and/or INCUBATOR. MEMBER acknowledges and agrees MEMBER is not entitled to any employment benefits whatsoever.

PUBLICITY: MEMBER agrees to permit the INCUBATOR/Concordia to release relevant, non-proprietary information about MEMBER’s INCUBATOR membership for publicity use. This information may be used to promote the INCUBATOR and may be used in promotional materials intended for public release, such as a listing on the “members” page of the INCUBATOR/Concordia website.

TERM: The Term of this Agreement shall commence when MEMBER signs up online and shall continue on a month-to-month basis until terminated by either Party in accordance with the terms of this Agreement.

PAYMENTS: MEMBER agrees to pay all Standard Member Fees and other applicable Service Fees, hereinafter, collectively referred to as “Fee Payments”, as specified on the “Invoices” tab of Cobot member portal and/or any other fees incurred during each month as agreed between MEMBER and THE INCUBATOR.

All Fee Payments are payable on the 1st day of each month, and are delinquent on the 5th day of each calendar month. A late charge equal to 10% of such Fee Payments, or $25, whichever is greater, shall be due and payable, if Fee Payments are paid late.

TERMINATION WITHOUT CAUSE: Either Party may terminate this Agreement by giving 30 days’ written notice to the other. Should the INCUBATOR terminate pursuant to this section, notice to MEMBER will be made to the signin email address provided at INCUBATOR sign up. MEMBER’s 30 days’ notice may be sent by email to this address: info@incubatorctx.com.

TERMINATION FOR CAUSE: INCUBATOR/Concordia reserves the right to immediately remove MEMBER from Concordia property and/or immediately terminate this Agreement for any violation of law, alleged or proven, and/or INCUBATOR/Concordia Policy. If this Agreement is terminated for cause, Fee Payments already paid will not be prorated and/or refunded.

COBOT TERMS AND CONDITIONS: The INCUBATOR uses Cobot as the web platform to facilitate its programs and services. MEMBER agrees to comply with Cobot’s terms and conditions.

NON-DISCRIMINATION: The Incubator for Innovation and Impact, as a part of Concordia, strives to maintain a living, working, and learning environment that is free from discrimination, harassment, sexual violence, and other forms of mistreatment. Mistreatment of any employee, student, or visitor of Concordia or of any other person associated with the university is contrary to the religious and moral tenets and the mission of Concordia. The university prohibits harassment and discrimination on the basis of gender, race, color, religion, age, national origin, disability, genetic information, military or veteran status, and any other basis protected by law. All MEMBERS are required to comply with Concordia’s policy of non-discrimination, which include compliance with Title IX, Title VI, the Americans with Disabilities Act, the Age Discrimination Act, and Section 504 of the Rehabilitation Act.

POLICY COMPLIANCE: All participants in the Concordia Incubator for Innovation and Impact are required to comply with all Concordia policy and handbooks applicable to students which can be found on Concordia University Texas’s website and may be developed by the INCUBATOR.

LEGAL COMPLIANCE: MEMBER agrees to comply with all federal, state and local laws, including the Family Educational Rights and Privacy Act (FERPA), as applicable with respect to MEMBER’s participation in the INCUBATOR programs and services.

INDEMNIFICATION: MEMBER SHALL DEFEND, INDEMNIFY, AND HOLD CONCORDIA, ITS OFFICERS, TRUSTEES, AGENTS, AND EMPLOYEES HARMLESS FOR, FROM AND AGAINST ALL CLAIMS, INCLUDING INTELLECTUAL PROPERTY CLAIMS, COSTS, DAMAGES, EXPENSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) INCURRED BY CONCORDIA WITH RESPECT TO ANY CLAIM ARISING OUT OF MEMBER’S PERFORMANCE OF HIS/HER OBLIGATIONS UNDER THIS AGREEMENT AND PARTICIPATION IN THE INCUBATOR, MEMBER’S BREACH OF ANY PROVISION CONTAINED IN THIS AGREEMENT, NON-COMPLIANCE WITH ANY APPLICABLE LAW, OR ANY ACT OR OMISSION OF MEMBER OR ANY ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR SUBCONTRACTORS IN CONNECTION WITH MEMBER’S INCUBATOR PARTICIPATION OR THEIR PRESENCE ON CONCORDIA’S PROPERTY; PROVIDED, HOWEVER, THAT MEMBER SHALL NOT INDEMNIFY, DEFEND, OR HOLD CONCORDIA HARMLESS FROM ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND LIABILITIES THAT ARISE SOLELY OUT OF THE ACTIONS OR OMISSIONS OF CONCORDIA. THESE OBLIGATIONS TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

In defending Concordia for or from an indemnified claim, MEMBER, at its own expense, shall provide Concordia and its officers, trustees, agents and employees with a competent, diligent defense in accordance with this Agreement. MEMBER is to engage counsel reasonably acceptable to Concordia to conduct the defense. Concordia, at its own expense, may engage separate counsel to monitor a defense provided by Concordia, and in such event, MEMBER shall instruct counsel it engages for the defense to reasonably cooperate with Concordia’s monitoring counsel.

DISPUTE RESOLUTION: If a dispute arises out of this contract, and if the dispute cannot be settled through negotiation, the parties shall first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.

ATTORNEYS’ FEES: In the event that any action or proceeding is brought to enforce any term, covenant, or condition of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs.

GOVERNING LAW & VENUE: The terms and conditions contained in this Agreement shall be governed and controlled by the laws of the State of Texas. Both Parties agree that the sole proper venue for any disputes arising under this Agreement shall be in the state or federal courts situated in Travis County, Texas.

MEMBERS DECLARATION & PAYMENT DETAILS: Before signing this Agreement, I, MEMBER, have read, understand and hereby agree to all of the the terms and conditions of INCUBATOR membership, as defined this Agreement; and know that it affects my legal rights.

 

Cobot Terms and Conditions

Cobot is the web platform used by Incubator for Innovation and Impact to provide this website.

Terms of Service Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. Cobot may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Cobot service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

Description of Service Cobot is an application to manage coworking spaces (the "Service") from Upstream - Agile GmbH ("upstream). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. upstream disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. upstream also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

Personal Use The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. upstream reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by upstream; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. upstream reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Content of the Service upstream takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does upstream have any obligation to monitor such third party content. upstream reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. upstream also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of upstream, its users and the public. upstream will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Intellectual Property Rights upstream’s Intellectual Property Rights. You acknowledge that upstream owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "upstream Rights"), and such upstream Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The upstream Rights include rights to (i) the Service developed and provided by upstream; and (ii) all software associated with the Service.

Your Intellectual Property Rights upstream does not claim any ownership in any of the content that you upload, transmit or store in your Cobot account. We will not use any of your content for any purpose except to provide you with the Service.

Representations and Warranties You represent and warrant that (a) all of the information provided by you to upstream to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Privacy As a condition to using the Service, you agree to the terms of the Cobot Privacy Policy as it may be updated from time to time. upstream understands that privacy is important to you. You do, however, agree that upstream may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Cobot Privacy Policy.

Account Inactivity After a period of inactivity, whereby a user fails to log in to an account for a period of nine months, Cobot reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.

Privacy As a condition to using the Service, you agree to the terms of the Cobot Privacy Policy as it may be updated from time to time. upstream understands that privacy is important to you. You do, however, agree that upstream may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Cobot Privacy Policy.

Termination; Cancellation You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to upstream at https://Cobot.me/pages/imprint; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Cobot may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless upstream has previously canceled or terminated your use of the Services (in which case subsequent notice by upstream shall not be required), upstream will notify you via email of any such termination or cancellation, which shall be effective immediately upon upstream’s delivery of such notice. Sections 3, 4, 5, 7, and 9 – 11 of the Agreement shall survive expiration or termination.

Indemnification You agree to hold harmless and indemnify upstream, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, upstream will provide you with written notice of such claim, suit or action.

Choice of Law; Jurisdiction These Terms of Use will be governed by and construed in accordance with the laws of the State of Germany, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Germany, and you consent to the jurisdiction of such courts.