4 Person Suite Terms and Conditions

Membership Agreement and Terms of Service

By selecting "I Agree to the Membership Agreement" you have accepted the terms of service of our Membership Agreement and the Enterprise Code of Conduct below. Please note membership benefits do not start until you sign this Agreement and attend the orientation. Membership orientation sessions will be made available to you before you begin working at Enterprise.

Enterprise Community Members’ Code of Conduct
At Enterprise, we don’t just provide a workspace—we foster a community. We’ve established the following guidelines in order to set and manage expectations and to support the success of the community and its members. It’s very important that these guidelines are maintained. Which is why failure to do so could result in a termination of membership without refund.

1) Be nice. This seems like a simple rule, and it is. Enterprise is full of members with all different backgrounds, personalities and life experiences. Even if another member’s work style doesn’t match your own, please maintain a polite and respectful demeanor. 2) Be open. Enterprise is a place where ideas flow. Be ready to take and give advice, ask questions and share your successes and failures. 3) Be active. There is no shortage of opportunities to connect at Enterprise. So get ready to pull out that chili recipe, suggest a community building activity to the Enterprise team or simply grab a cup of coffee and see whom you run into. 4) Be generous. If you can mentor someone, do it. If you have an excess of homegrown tomatoes, bring them in to share. Generosity is an important part of every relationship—including the ones you build at Enterprise. 5) Be clean. We feel strongly that every member should have access to clean common spaces—including the lounge, kitchen, meeting rooms, phone booths and patio. Please clean up after yourself and treat the furniture and amenities as if they were your own. If something breaks, don’t hesitate to let the Enterprise team know. 6) Be courteous. Noise levels are always a concern for prospective members. How loud is it? Can I be on the phone? In our opinion, the hum of noise is great for building energy throughout a space. But if you know you're a loud talker, jump in a phone booth. And unless you're in a closed Suite or meeting room, please refrain from using speakerphone. 7) Be authentic. People come here to get work done in a comfortable environment, so please don’t jump into your involvement in Enterprise community by trying to sell your Tupperware to every unsuspecting member. Organic relationships are bound to grow during your time at Enterprise, so let them happen naturally. 8) Be constantly growing. Enterprise was built for the growth and collaboration of its members. We want you to work hard and have fun. And we’re confident that a strong work ethic will lead to a strong community. As members of the Enterprise team, we’re also dedicated to growing, so feel free to provide feedback anytime.

If you have any questions or comments regarding the Code of Conduct, we’re happy to chat. Come by the front desk or email us at membership@Enterprise5280.com.

Membership Levels

Enterprise has an array of membership options, and here is where you’ll find specifics on the benefits provided at each level. You can upgrade your membership at anytime, but memberships are always subject to availability. You understand and agree that you will be billed a monthly recurring membership fee per the membership level you select. At the time of this Agreement, the following memberships and their respective benefits are available.

Membership type Description Access Complimentary meeting room hours Registration fee and commitment Monthly Dues Floater

Access to all commons without dedicated space.

24/7 0 $50 with month-to-month commitment $250

Dedicated Desk Your very own desk! You can put up pictures of your family and call it home. 24/7 5 $100 with 6-month commitment $450

2-Person Suite A closed-door Suite for up to two members. This Suite comes furnished with desks, chairs, credenza and whiteboard.

24/7 10 $200 with 6-month commitment $1,000

4-Person Suite A closed-door Suite for up to four members. This Suite comes furnished with desks, chairs, credenza and whiteboard. 24/7 20 $400 with 6-month commitment $2,000

7-Person Suite A closed-door Suite for up to seven members. This Suite comes furnished with desks, chairs, credenza and whiteboard. 24/7 35 $700 with 6-month commitment $3,400

8-Person Suite A closed-door Suite for up to eight members. This Suite comes furnished with desks, chairs, credenza and whiteboard. 24/7 40 $800 with 6-month commitment $3,850

Strong communities are based upon active members and continuity. The relationships you’ll build and the encounters you’ll find are among the greatest benefits of your membership. But they take time. Which is why, at Enterprise, we require a commitment of 6 months for every Dedicated Desk and Suite membership.

All memberships require a full 30-day notice of cancellation prior to the 1st of the month. To cancel your membership, send a written request to membership@Enterprise5280.com a minimum of 30 days in advance. All cancellations go into effect on the last day of a month. So if you cancel on August 15th, your last day of membership will be September 30. Between submitting your written notice of cancelation and the last day of your membership, you will still be responsible for your monthly membership fees at their regular rates, and you will continue to have access to your Enterprise membership benefits. Suite members are required to return their key cards on or before the last day of their membership. Timely key card return will ensure that suite members are not charged a non-refundable $20 unreturned card fee on the first day of the next billing month.

Suite Membership Responsibilities

If you have selected one of our Suites, your membership includes both the indicated number of members and the aforementioned complimentary meeting room time. As stated above, all Suite memberships require a six-month commitment.

As a Suite member, you have extra benefits and a few extra responsibilities. Those responsibilities include the following.

1) Establishment of a Suite Payor. The Payor on the account is in charge of alerting Enterprise when any changes to the membership occur. This includes: a. Providing an initial list of individuals included on the membership (the "Roster"). b. Notifying Enterprise when new members are planning to join the Suite and ensuring that they sign a Membership Agreement and attend an orientation session. Please notify us of additions to your Roster at least 48 hours in advance of their start date by emailing membership@Enterprise5280.com. c. Notifying Enterprise by email when members are leaving. The member’s name and last day may be sent to membership@Enterprise5280.com. d. Tracking and monitoring meeting hour usage. e. Collecting and returning any and all access keys, parking passes, mailbox keys and locker keys to Enterprise upon membership termination. 2) Fees. In addition to privacy, your Suite membership comes with a few additional fees. a. There is a non-refundable registration fee as outlined in the membership chart. This fee allows for the onboarding of all members within the Suite allowance. b. At the end of the membership, all access cards, keys and filing cabinets need to be turned into the Community Manager on or before the last day of the month. The Suite should be returned in as good or better condition than it was received. Enterprise reserves the right to charge a cleaning fee of $250 to the account on file if professional cleaning services are necessary. c. Lost fobs and keys are subject to a $20 replacement fee.
3) Guests and Visitors. Anyone not on the official Roster will be considered a guest or visitor. Enterprise requires all guests and visitors to enter through the main entrance and check in at the greeting desk. You will be alerted via email or text to let you know when your visitors arrive. 4) Keep it clean. It is your sole responsibility to maintain the Suite in a safe, sanitary and presentable condition—which includes returning dirty dishes, glasses and cups to the kitchen. We reserve the right to send Enterprise staff on search and recovery missions of communal items. And if we discover caches of such items on a regular basis, you may be subject to cleaning and service fees. 5) Termination. The Suite Payor may terminate their Suite membership after the initial 6-month commitment by providing written notice to membership@Enterprise5280.com. Termination requires one full calendar month (30 days) of notification submitted at least one day prior to the end of the month. By signing this agreement, you acknowledge that you will be charged membership fees for the duration of your membership whether you choose to use or vacate the space. 6) Damages. If you are in a Suite of 10 people or less your Suite includes furniture, chairs, network equipment and other furnishings. If these items sustain any damages, Enterprise reserves the right to invoice you for repair work and/or replacement. Every Suite is provided as is. No modifications are allowed. Please notify Enterprise staff immediately of any problems with or damage to the Suite including, but not limited to, fixtures windows, heat and water leaks. 7) Right of access. Suites are subject to Enterprise staff or management access at any time. We reserve the right to access your Suite for maintenance or inspection purposes. Since your Suite is a part of Enterprise, your membership is also subject to all-member benefits and responsibilities.

All-member Benefits and Responsibilities

Enterprise membership certainly has its benefits. At the time of this Agreement, the following membership benefits are available. Enterprise reserves the right to exercise discretion in changing pricing, benefits and memberships at anytime. All memberships include: wireless internet access, printer, scanner and copier use, access to phone booths, the ability to book meeting rooms and all the brewed coffee you can drink.

Printing. Every member is provided with 120 black-and-white pages per month of printing/copying at no cost. Any pages over the complimentary printing will be charged automatically to the Payor on file at the following rates: $0.10/page of color printing and $0.05/page of black-and-white printing.

Meeting room usage. Each Dedicated Desk and Suite membership comes with an allocated number of complimentary meeting room hours–as listed above. Floater memberships do not come with any complimentary hours. For any hours used above and beyond the allocated number of complimentary hours, members will automatically be billed in one-hour increments at a rate of $25/hour. This will be charged to the Payor of the membership and their account on file.

Event space. The rooftop patio and the Classroom are considered event space. These can be rented out at a discounted member rate. For current rates please see your Community Manager.

Alcohol. A number of private member-only events and catered public events will be held at Enterprise. Should you choose to participate in these, we ask that you always drink responsibly. Drunkenness will not be tolerated and could result in the cancellation of your membership. And as always, if you choose to drink please do not drive.

Smoking. There is absolutely no smoking allowed on the rooftop. If you need to smoke, we ask that you do so outside of the building and at least 50 feet from any entrance. Additionally, please dispose of all debris to keep our premises clean and comfortable.

Furniture. We have taken great care in selecting every single piece of furniture in Enterprise. We hope that you will take equally great care maintaining these pieces. If you spill something, please let an Enterprise team member know immediately so we can help clean it up. And if something breaks, please let us know so we can repair it.

Payment. Please pay your dues on time. If we don’t receive your payment by the first of the month, we’ll send you a reminder email and require your payment before you’re permitted to enter the space again. If by the 5th of the month your account is not made current, we reserve the right to withdraw your Enterprise access and your membership. With this Agreement, you’re also giving Enterprise permission to re-run failed transactions within 5 days of the original transaction and charge a 10% late fee.

Enterprise is an organic community that will evolve and improve. And as it does, we may decide that the rules need to change too. Please check our posted Code of Conduct and check in with our team for changes to Enterprise’s policies.

Add-ons

Below are additional benefits you can add to your membership. Please email membership@Enterprise5280.com if you are interested in adding any of these to your membership. Services can be upgraded at any time and are subject to availability. Pricing and packages are subject to change.

a. Mailbox. Mailbox services come complimentary with all Suite memberships. If you have a Floater or Dedicated Desk membership, you may add mail service for $25 a month. You’ll receive a physical address, and we’ll place all your mail in dedicated mailbox. Note: You must maintain an active membership to take advantage of Enterprise’s mail services.
b. Storage. We are happy to offer storage units to house your office supplies, computers, clothes, etc. However, we ask that you refrain from using them to store dangerous, hazardous or flammable materials. When you elect to add a storage unit to your membership, you will add your own personal lock to the storage locker. Storage units are available in four sizes: • Small $95/month • Medium $145/month • Large $245/month • Extra Large $445/month c. Lockers. Located in the shower room, lockers are available to store your towels, workout clothes, toiletries, etc. Lockers are available in three sizes: • Small $15/month • Medium $30/month • Large $45/month d. Parking. Off street parking spaces are available for $75/month. e. Phone lines. Enterprise offers individual phone lines for $45/month. However, additional fees may apply. f. Increased bandwidth. Your membership comes with wireless internet at speeds of 100/100 Mbps. We are able to provide internet speeds up to 1Gb for an additional costs. Please see your Community Manager for current pricing.

Guests and Clients

At Enterprise, we know exactly how important collaboration can be to your business. Which is why you’re free to meet with clients in the Lounge (located outside of the members-only area) or in any meeting room for no additional charge (within your allotted number of complimentary meeting room hours per month). We also know that you may occasionally want to bring contractors or project collaborators into your Suite or the commons area. Which is why we offer members discounted $20 guest day passes for purchase for their guests. However, after you’ve purchased five single-day guest passes for your collaborator, we’d like to formally welcome them into our community and ask that they get a membership.

Pets: Dogs are welcome at Enterprise as long as they don't cause concern or threat to other members. If you bring your pet in, please ensure that it’s always under your control—especially when not in your Suite or at your desk. We ask that you keep your four-legged collaborators out of the kitchen area and don’t permit them to wander the halls alone. Additionally, we ask that you clean up any and all of your dog’s accidents within and around the Enterprise building. Enterprise reserves the right to remove a pet if it’s causing problems or interrupting other members. Failure to take responsibility for your pet could result in the termination of your membership.

Children: We love kids. But if you bring them to Enterprise, we ask that you keep them with you at all times and make sure they’re not interrupting other members. If they become disruptive, an Enterprise staff member may ask you to remove them from the premises. Every year, each member receives one free visit for his or her children. After that, we ask that you purchase guest passes to bring your kids to Enterprise.

Bikes and Cars: Bikes are permitted and ENCOURAGED at Enterprise. Please keep your bike in one of the designated storage areas, and make sure to clean up any debris produced by your bike in common and storage areas. As stated above, we offer permitted vehicle parking in our lot for a monthly fee. If you do not have a parking pass, on-street parking is available on a first-come-first-served basis for you and your guests.

As in any commercial office space, Enterprise is not covered for the risks and liabilities associated with children, animals or bikes.

Events

Enterprise is a multi-purpose destination, and will host events during daytime, evening and weekend hours. Every attempt will be made to clearly mark private areas, and we will have staff patrol to ensure that event participants do not use any members-only space. However, be warned that smart and talented people may be showing up at any hour.

At Enterprise, we love to share the space, the cool people, and the activities of our community with everyone on the planet. With this agreement, you provide Enterprise absolute and irrevocable right and unrestricted permission to use, reuse, publish and republish any photographs or video taken of your beautiful face in whole or in part, individually or in conjunction with other photographs, printed material or video matter, in any and all media now or hereafter, and for any purpose whatsoever allowed by law for illustration, promotion, art, editorial, advertising and trade, or any other purpose whatsoever without restriction as to alteration.

Security

One of our most important goals is to provide a safe place for our members. But to achieve it, it’s going to take everyone acknowledging and accepting responsibility for the security of the doors and spaces they access. Since you have 24/7 access, if you think you’re the last person on the premises, you’re expected to make sure the building is secure. Please don’t hesitate to let an Enterprise staff member know if something doesn’t seem right. Additionally, please be aware of the following.

a. While we do have surveillance cameras at entrances and in public access areas, we cannot guarantee a 100% secure environment. b. After normal hours of business operation, the community's property may be exclusively in your hands. Please treat this privilege as if each person's valuables were your own. If your 24/7 access is abused by unauthorized parties or otherwise used for unapproved extra-curricular activities, Enterprise may terminate your membership or revoke your 24/7 access privileges. c. Cards are not transferable and may not be lent out at any time to anyone for any reason. The lending of access cards will result in membership termination. If any of your cards are misplaced or stolen, please notify an Enterprise staff member immediately. A $20 fee per card will be charged to your account, and Enterprise will issue you replacement cards. Additionally, any access cards not returned on or before the last day of your membership, for any reason, will incur a $20 fee per card on your account within 5 days of your last day of membership. d. As stated above, if you have selected a Suite membership, please notify us of any changes to your Roster. We request that the names, start dates and email addresses of new members are submitted to membership@Enterprise5280.com a minimum of 48 hours prior to their start to ensure we have the most accurate membership records possible.

Meeting Room Usage

Meeting rooms are areas designated for meeting purposes only and they are available anytime for member bookings. Each room must be booked in advance using our online booking tool. It is the meeting leader’s responsibility to leave the room in good working condition—with whiteboards cleaned, chairs pushed in and garbage disposed of properly. Suite and Dedicated Desk memberships come with complimentary meeting room hours, and it is the Payor’s responsibility to track these monthly. If you go over your allotted monthly hours, you will be automatically billed for those additional hours during the next billing cycle at a rate of $25/hour. By accepting this Agreement, you accept any costs your meeting room usage may incur.

Holidays and Hours

Normal business hours are 8:00 am-5:00 pm Monday-Friday. During these hours, an Enterprise team member will be on site to make fresh coffee, solve any printer jams and serve as a general resource and source of energy and excitement. Enterprise is closed on most standard U.S. holidays. The holiday closures will be posted on digital signage around the space and in our member newsletter, so be sure to keep your eyes open for them. Below is our current list of holiday closures. However, to ensure Enterprise staff members have adequate time to enjoy their families, we reserve the right to amend this list. Remember, your membership includes 24/7 access, so you can feel free to enjoy the space, but know that on the following days, the coffee won’t be waiting for you.

Days Enterprise is CLOSED (aka unstaffed)

New Year’s Eve (half day)

New Years Day

Memorial Day

Independence Day (or the Friday before)

Labor Day

Thanksgiving Day

Christmas Eve (half day)

Christmas Day

Building Rules

The following rules and regulations have been formulated for the safety and wellbeing of all members of Enterprise. Strict adherence to these rules and regulations is necessary to guarantee that every member can enjoy a safe and undisturbed workspace. Enterprise reserves the right to amend these rules and regulations and to promulgate additional rules and regulations.

• If you have a Suite membership, please do not use any equipment, machinery or advertising medium that may be heard outside your Suite.
• Please do not use any plumbing facilities for any purpose other than that for which they were constructed. • Please do not use any portion of the premises for lodging or any other unlawful purpose.
• Please do not solicit business in the common or public areas.
• Please do not distribute or display any handbills or other advertising matters or devices in common or public areas. • Please do not obstruct or encumber any sidewalks, entrances, passages, courts, elevators, vestibules, stairways, corridors, halls or any other part of the building.
• Please do not permit any drapes, blinds, shades or screens to be attached to, hung on or used in connection with any window or door relating to the premises without the prior written consent of Enterprise. • Please do not permit any showcases, mats or other articles to be placed in front, in the proximity of or affixed to any part of the exterior of the premises.
• Please do not permit or encourage any loitering on or about the premises.
• Please do not permit or encourage any canvassing, soliciting, peddling or demonstrating on or about the premises. • Please do not install or permit the installation of any wiring for any purpose on the premises or exterior of the building.
• Please do not mark, paint, drill into or deface any part of the shell or core of the building without written approval by Enterprise. Requests to do so may be submitted to membership@enterprise5280.com. Should you receive consent, you understand that it is your responsibility to return the space to the same condition in which it was received. This includes completing any necessary patching, repairs and professionally repainting.
• Please do not bring in or keep any firearms on the premises or in the building.
• Please do not affix floor coverings to any floor on the premises with adhesive of any kind without obtaining prior written consent from Enterprise.

If a dispute arises relating to the performance of the services covered under this Agreement and legal or other costs are incurred, it is agreed that the prevailing party shall be entitled to recovery of all reasonable costs incurred in the prosecution or defense of a claim. This includes staff time at current billing rates, court fees, attorney fees and other claim-related expenses.

Legal Responsibilities

At Enterprise, we take legal matters very seriously. Any violation of the law is grounds for termination of your membership and, if necessary, legal action. By signing this Agreement, you agree not to use Enterprise for any unlawful purpose; carry out plans that could damage, disable or impair any of the property of Enterprise; engage in activities that could impair other members from using Enterprise’s space; or undertake actions that could pose harm or danger to other members. This includes attempting to gain access to any of Enterprise’s computer systems or networks or attempting to obtain any materials or information not intentionally made available to all Enterprise members. Violators will have their membership terminated immediately without advance notice from Enterprise.

Copyright Infringement. Enterprise is committed to complying with U.S. copyright and related laws and requires all members and users of Enterprise to comply with these laws as well. Accordingly, we ask that you not store any material or content on, or disseminate any material or content in a manner that constitutes an infringement of third party intellectual property rights—invading rights granted by U.S. copyright law.

Owners of copyrighted works who believe their rights have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA”) to report alleged infringements. It is Enterprise's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the membership of any member who is found to have infringed upon a third party copyright or other intellectual rights—including repeat infringers—or who Enterprise, in its sole discretion, believes is infringing these rights.

In addition, with this Agreement, you agree not to use Enterprise in connection with: contests, pyramid schemes, chain letters, junk email, spamming or similar annoying behavior; defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others; posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent of unlawful material or information; uploading, reproducing, using, performing or otherwise making available, images, software, information or other material without license to do so; and uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage Enterprise's or a member's computers or property.

Enterprise provides services "as is" and not as a lease of real property. Members have a nonexclusive license to utilize the Enterprise property in accordance with the terms of their membership agreements. No landlord-tenant relationship shall be created hereby. Enterprise disclaims all warranties and conditions, whether express, implied or statutory including, but not limited to, merchantability and fitness of the space for a particular purpose or use. The entire risk of participating in or using Enterprise services remains with you.

In no event shall Enterprise or its agents, owners, members or employees be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for lost profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty—including those of good faith or of reasonable care, negligence, and any other loss) arising out of Enterprise-related services.

By signing this Agreement, you agree to hold us harmless. You also release and agree to indemnify, defend and hold harmless Enterprise, its agents, owners, members and employees, from and against all claims, liabilities, losses, damages, expenses, judgments, fines and penalties based on or arising out of your negligent actions, errors and omissions; willful misconduct and fraud; breach or violation of the Enterprise Code of Conduct or otherwise suffered in connection with your participation in the Enterprise community.

This Agreement acknowledges that both parties agree that the law of the State of Colorado governs this Agreement, without regard to conflict of law principles. We all agree that exclusive jurisdiction and venue for all purposes under this Agreement shall be in Denver, Colorado and consent to such jurisdiction and venue. Furthermore, we all agree to waive any right to a jury trial in any dispute arising out of this Membership Agreement or your use of Enterprise. Enterprise may disclose any identifying information about you and your participation in the Enterprise community if requested by authorities in any investigation. If any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected and shall remain in full force and effect to the fullest extent permitted by law.

You acknowledge that you have read and understand the terms of this Agreement and know what is expected of you as a member. You agree to be bound by this Agreement and the Enterprise Code of Conduct regarding your participation in the community and use of the services within.

Cobot Terms and Conditions

Cobot is the web platform used by Enterprise Coworking 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.

back