Terms and conditions
General Terms and Conditions
- Disclaimer of Warranties. To the maximum extent permitted by applicable law, Mid-Towne Works provides the services “as is” and with all faults, and hereby disclaim with respect to the physical space and/or 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.
- Exclusion of Incidental, Consequential and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall Mid-Towne Works 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 Mid-Towne Works, and even if Mid-Towne Works has been advised of the possibility of such damages.
- Indemnification. You release, and hereby agree to indemnify, defend and hold harmless Mid-Towne Works, LLC and Mid-Towne Works’ subsidiaries (whether or not wholly-owned), affiliates, divisions, owners, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Space and/or Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any and all attorneys’ fees and costs incurred by Mid-Towne Works or its respective officers and agents in connection with the defense of such claim or lawsuit. You further agree to Arbitration prior to the filing of any legal action by an Arbitrator of the choosing of Mid-Towne Works and its staff. Each Member of a single business or user of the same office sharing reservation where two or more persons reserve the same private office/ meeting room or conference rooms space is jointly responsible for all the costs incurred under this agreement, and the member signature accepts, confirms and agrees to remain jointly responsible for all costs and expenses incurred under each reservation.
- Insurance. Mid-Towne Works will carry General Liability insurance. As a member-user, it is strongly suggested that you carry a “Renters Insurance policy” to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Mid-Towne Works.
- Membership Level. You the Member have chosen your membership level for this term of use agreement. Your agreement to this TUA indicates you accept and agree to the terms of cost including any overage fees and that you further consent to being billed and having your account on file charged for any market place services selected as additional amenities.
- Add-On Package Agreements and Changes in Membership prior to renewal dates: All members may at any time add additional services to a membership package with Mid-Towne Works, provided costs and fees are paid for said changes and additions at the time of adding them. Membership levels may increase during the term of a membership reservation. In the event street level advertising is added to a member package, the monthly fee must be paid or the street level advertising will be removed. In any event when the member terminates or a membership is terminated, the street level advertising will be remove.
- Parking. All Parking at Mid-Towne Works is free and is a first-come, first-served basis except for handicapped, red fire zones and the reserved spaces provided for the Owners of Mid-Towne Works, LLC. All members assume complete and total liability for the parking space selected. Mid-Towne Works is not liable for any damage or items removed from cars while parked in the Mid-Towne Works, LLC parking spaces or adjacent lots. Handicapped spaces require a special permit for use, please leave these spaces open for those with disabilities and the proper vehicle parking permit.
- Keys, Access Codes, lock boxes, Street Level Advertising and Side Bar Ads. Any keys or entry codes, printer codes or internet passwords, which the member is given access, remain the property of the Owners of Mid-Towne Works, LLC at all times. A member shall not make any copies of them or allow anyone else to use them without the expressed written consent of the Owners of Mid-Towne Works, LLC. Any loss of keys, codes, or damage to a keyless entry lock box must be reported to the Owners of Mid-Towne Works, LLC immediately, and the member may be responsible for any replacement costs or changing the locks. Further, in the event the Member Damages a Key Pad Lock, the Member expressly agrees to be responsible for the costs of replacement and further consents to have those costs charged against the account on file under the members registration package. In the event the Member reserves long-term space and requests a keyless entry lock box, the member will be charged a one-time set up fee of $50.
- Mail and Packages. Mail and packages may be delivered to you under your Membership Reservation Package. Packages may be collected and stored by the Receptionist or placed in your mail slot for pick up by the registered Member. The postal services may be subject to additional federal, state and local requirements. No hazardous packages may be delivered to Mid-Towne Works through any mail service. The Address for Members Use for Postal Service: Name of Company or Member MTW Box # (Box at Mid-Towne Works) 1850 Airport Blvd Mobile, AL 36606
Suspension of Services. The Owners of Mid-Towne Works, LLC may by email, text, posting or U.S. mail provide notice and thereafter immediately suspended the provisions of services including access to the Space reserved for reasons of terrorism, acts of god, damage to the building or other events beyond the Owner’s reasonable control. The Owner may also suspend the provisions of services including access to the space, internet, etc. in the event the Space or the building is being renovated or repaired, in which event the owners shall make every attempt to relocate the member to another space within the building during such repairs and or renovations. Notice. All notices under this TUA, and the Member Agreement are as follows: Any written notice initiated by Mid-Towne Works to a member or by a Member to Mid-Towne Works not in electronic format shall be effective upon delivery by U.S. Post Office or forty-eight (48) hours after deposit in the U.S. Mail, postage prepaid, registered or certified mail, return receipt requested. In the event electronic written notice is submitted, such notice shall be effective immediately upon being sent to the email of the member identified in the Member Registration package or to april@Mid-TowneWorks.com as the Manager of Mid-Towne Works.
Terms/Definitions. Capitalized terms used herein and not otherwise defined in this Agreement shall have the meanings set forth in the common ordinary use of phrases as defined in a current version of Webster’s dictionary. No hearings shall be construed to have any specific separate meaning from the paragraph attached as the headings are for organization and identification purposes.
Entire Agreement. This Agreement constitutes the entire agreement between Mid-Towne Works, LLC and the Member regarding the use of the Space and supersedes any prior agreements between the parties to this agreement related to the Member’s use of the space.