Terms of Service

 

Who We Are.
Collective Office, is an entity of Hensley Commercial Properties, LLC and Brandon Hensley Enterprises, Inc. The relevant entity that you enter into this agreement with shall be known in these terms and conditions as “we,” “our” or “us,”.

Who You Are. 
References to “you,” “your” and similar words in these terms of use refer to the individual registering for the Collective Office Membership and agreeing to be bound by these terms.

Agreement.
By agreeing to these terms of service you are entering into an agreement that describes your rights and obligations in connection with your receipt and use of the services provided through a Collective Office membership, comprising services provided through our website, collectiveoffice.net, and any other digital application and access to and use of Collective Office properties. Please read these terms carefully, as they affect your legal rights. Among other things, these terms include your agreement with us to arbitrate certain claims instead of going to court and, if applicable, to not participate in class action claims. Some features of our services may be subject to additional guidelines, terms, or rules, which will be posted with those features or otherwise communicated to you. By using our services, you are agreeing to abide by and be bound by these terms of service.

The availability of 3rd party services is subject to change at our discretion. 

How we might change these terms. We may make modifications, subtractions or additions to these terms from time to time. Such changes will be effective: 30 days after we provide notice of the changes. Notice shall be given via the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the changes or a version of these terms incorporating the changes, whichever comes first.

Our services are available to members and guests who are above the age of 21. You agree to provide us with accurate and complete information about yourself when you register with us and as you use our services. You also agree to keep your information up-to-date. Your membership and keycard are for you and you alone. You agree to not allow anyone else to use your credentials to enter any Collective Office property or use any of our services.

Payments.
By signing up for an account and providing your payment information, you agree to pay us the recurring or nonrecurring fees as displayed to you at the time you create your account. You acknowledge and agree that the payment method provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our locations or property) in connection with your Collective Office membership. Your use of the services may be immediately suspended if we are unable to charge such payment instrument for any reason. Recurring fees shall be charged on each applicable anniversary (e.g., monthly, quarterly, etc.) of the first date of the applicable period. The fees applicable to your account may be subject to modification from time to time pursuant to notice provided by us at least fifteen (15) days in advance of the payment date for which the modification would be effective. Your continued use of the services following such notice and through the payment date constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees.

All fees must be paid in US$ and are non-refundable.

Annual Commitment Terms
By Choosing our Annual Commitment option, you are promising to prepay the equivalent of 12 months membership fees in exchange for a discounted rate. We reserve the right to terminate membership at anytime and refund the remainder of the prepayment.

Membership termination.
In the case that you fail, or we deem you to have failed, to comply with any of the provisions of these terms, we may, at our sole discretion and possibly without prior notice to you, restrict your access to our property, and/or terminate your membership immediately. In addition, we may decline to renew your subscription at the end of your subscription period for any reason or for no reason. You can cancel your account at any time, by submitting a request in writing. In the case of a corporate entity creates and maintains your account, that entity may also contact us to cancel the membership. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid.

Conference/meeting rooms and common/dedicated workspaces.
Your membership gives you access to certain portions of our facilities and services depending upon the level of membership you choose. Our common areas may be used by any level of memberships, while dedicated areas are solely for the use of individual member who has paid for the use of a dedicated area. Our conference/meeting rooms may be used by reservation only and are limited by the hours per month allotted by your membership. These hours allotted may not be rolled over from month to month. Additional hours may be purchased through our website. This schedule is subject to change.

Delivery and Mail.
You may elect to receive mail and packages at a Collective Office location. If so, we will accept mail and deliveries on your behalf during such location’s regular business hours on such location’s regular business days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages after your terminate your membership. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages.

Community Guidelines.
We elect to govern the expected behavior in our locations which you must comply with. These guidelines may be revised from time to time. We expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to other members, their guests or the property of the foregoing, or to our employees or our locations or personal property. A list of these guidelines may be found here.

Security.
We regularly record via video certain areas of our locations for the safety of yourself and our other members. Upon request, you must provide a government issued ID to prove you are the subscriber of the membership at certain times.

Property.
It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving as we are not responsible for any property you may leave behind in any Collective Office facility. 

Damage.
The repair cost for all damage to our locations and items therein caused by you or your guests must be remedied and you may be held liable (and do hereby authorize us to charge you) for any said damage.

Nature of these Terms.
Notwithstanding anything in these terms of service to the contrary, these terms of service in no way shall be construed as to grant you any title, lease, easement, lien, possession or related rights in our business, our locations or anything contained in our locations. This agreement creates no tenancy interest (including any security of tenure), leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship.

Limitations of Liability.
We are not liable for actions of our users. We do not control and are not responsible for the actions of users on or of our services or at our locations. We also do not and have no obligation to screen, edit, or review submissions. You should be aware that other users may not be who they claim to be. We do not perform background checks on our users nor do we guarantee that our users’ profiles are accurate. User submissions may be misleading, deceptive, or erroneous, and you acknowledge and agree that any use by you of any submission is at your own risk. We do not endorse, support or verify the facts, opinions or recommendations of our users.

We will not be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages and any loss of profits, revenue or data, even if advised of the possibility of such damages and regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise. . To the extent permitted by law, our total liability for any loss whether in contract, tort (including negligence), breach of statutory duty or otherwise, including for any breach of implied warranties or conditions, is limited to the amount you paid us to use the services to which the loss relates.

For the avoidance of doubt, nothing in these terms and conditions will exclude our liability for (i) death or personal injury caused by our negligence (ii) fraud or fraudulent misrepresentation or (iii) any breach of any implied terms which cannot lawfully be excluded.

Indemnification.
You agree to hold us harmless. You agree to indemnify and hold harmless us, our officers, directors, employees, agents, representatives and affiliates, and our third party providers and partners (including the owners of the locations for our locations), from any claims, damages, losses, costs, reasonable attorneys’ fees or other expenses that arise directly or indirectly out of or from your violation of the terms of service, your use of our services, or any information, content or materials contained, displayed or available therein, by you or any other person accessing them under your authorized access methods, your violation of the rights of any third party or your submissions, except in each case to the extent any of the foregoing arises directly out of our gross negligence or willful misconduct.

You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of these terms of service. You agree to cooperate fully in any of these inquiries. You waive any and all rights against us, our officers, directors, employees, agents, representatives and affiliates, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation. 

By proceeding to use our services you consent that:
(i) we may collect personal information about you in a variety of ways. Collected information may include information that may be provided by you in the initial sign-up process or during your membership, and information that may be gathered from our security cameras located on the premises. Note that you are not obligated to provide us with personal information and any information collected by us will be provided by you at your own will;

(ii) we may collect, use, store and transfer the information in accordance with applicable laws for various purposes, including facilitating the services, performing accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations, and to enforce or manage legal claims;

These terms of service and any dispute arising out of these terms (including any non-contractual disputes) will be governed by and interpreted according to the laws of the State of Texas, without giving effect to its principles or rules of conflict of laws.

any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”) with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any claim which is not subject to arbitration pursuant to the foregoing paragraph shall be adjudicated exclusively in the English courts. Nothing in this Agreement shall prevent either party from seeking remedies in small claims courts of competent jurisdiction, or from seeking injunctive relief in any court of competent jurisdiction.

Class Action Waiver. Any proceedings to resolve or litigate any dispute subject to arbitration under section 45 will be conducted solely on an individual basis. Neither you nor we will seek to have any such dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.

What if some of these terms of service are not enforceable? These terms as well as our community guidelines and any feature-specific guidelines, terms or rules that may be posted or provided to you constitute the entire agreement between us regarding the services and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these terms of service is held to be unenforceable, then that provision is to be interpreted either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this paragraph, the rest of these terms of service is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.

Third parties may have their own terms of service. Some of the services available through our online services are provided by third parties. These third parties may have their own terms and restrictions. Any and all additional terms and restrictions will apply to your access and use of the applicable services. If they are in conflict with these terms of service, the additional terms and restrictions will control with respect to such services.

Contact Info.
If you have any questions relating to these terms of service, please contact us.