OfficeTogether Terms of Use

Effective Date: February 16, 2021

ACCEPTANCE

Your access, browsing and use of the OfficeTogether’s website and online desk booking, health check and reservation system of your employer’s workspace services and ancillary services (collectively, the “OfficeTogether Services”) are subject to the following terms and conditions (“Terms of Use”). By using the OfficeTogether Services you are fully accepting these terms, conditions and disclaimers contained herein and in OfficeTogether’s Privacy Policy and agree to be bound by them. In addition, your use of this OfficeTogether Services is subject to all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE OFFICETOGETHER’S SERVICES. References to “You” or “Your” shall mean the individual users of the OfficeTogether Services depending on the context in which those terms are used.

INFORMATION ON THIS WEBSITE

The contents of the OfficeTogether Services are the sole and exclusive property of OfficeTogether, protected by law, including, but not limited to United States copyright law and international treaties. The material and functionality provided herein are used for information and convenience purposes only and do not constitute advice, recommendations or counsel. The contents should not be relied upon in any way other than informational purposes. The contents are subject to change without notice to You. OfficeTogether makes no representation that the materials on this OfficeTogether Services are accurate, appropriate or available for use in all locations. You should seek advice from the appropriate professional prior to making any decisions based on the information contained herein.

USE RESTRICTIONS

The copyright in all material provided on this OfficeTogether Services is held by OfficeTogether or by the original creator of the material together with OfficeTogether. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, or posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of OfficeTogether or the copyright owner. Any unauthorized use of any material contained on this OfficeTogether Services may violate laws of the United States and other territories, including without limitation copyright laws, trademark laws, the laws of privacy or publicity, and communications’ regulations and statutes.

TRADEMARKS

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this OfficeTogether Services are the Trademarks of OfficeTogether and others. Nothing on this OfficeTogether Services should be construed as granting, by implications, estoppels, or otherwise, any license or right to use any Trademark displayed on the OfficeTogether Services, without the express written permission of the Trademark owner. The name of OfficeTogether or the OfficeTogether logo may not be used in any way without prior, written permission from OfficeTogether. OfficeTogether prohibits use of the OfficeTogether logo as a “hot” link to the OfficeTogether Services unless the establishment of such a link is approved in advance by OfficeTogether in writing.

LINKS

If this OfficeTogether Services includes hypertext links to World Wide Web sites controlled or hosted by third parties, OfficeTogether is not responsible for, and does not endorse, the contents of such web sites.

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ALL CONTENT, INFORMATION, SERVICES AND TOOLS ON THE OFFICETOGETHER SERVICES ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS. USE OF THIS SERVICE IS SOLELY AT YOUR OWN RISK. OFFICETOGETHER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. OFFICETOGETHER HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OFFICETOGETHER MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT APPLICABLE BY LAW, IN NO EVENT WILL OFFICETOGETHER AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED PARTNER SERVICES INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY OFFICETOGETHER OR AN AUTHORIZED OFFICETOGETHER REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITY ARISING FROM EITHER PARTY’S, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT COLLECTED UNDER THIS AGREEMENT.

CLASS ACTION WAIVER

Any proceeding(s) to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any 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. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.

TERMS OF USE REVISIONS

OfficeTogether may at any time revise these Terms of Use by updating this posting. By continuing to use this OfficeTogether Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

JURISDICTION

The Terms of Use shall be governed by the laws of the state of California without regard to its conflict of laws provisions. You agree that any disputes or claim arising out of or in connection with the Terms of Use shall be adjudicated in the state and federal courts located in San Francisco, California.

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