Acceptance of Terms:
Prolete Health, PLLC dba Mint Coworking and Mint Medical Suites provides commercial space located at 520 W Union Hills Drive, Suite 104, Phoenix, AZ 85027 to be used as a Coworking Space, referred to hereafter as “The Coworking Space.” You, the “Member”, wish to use this space. Upon your execution of the within Agreement, you shall be allowed to use the Coworking space, subject to the following Terms and Conditions (T&C). The Coworking Space reserves the right to update the T&C at any time without notice to you. It is the responsibility of the Member to regularly review T&C (October 14, 2018).
The Coworking Space membership application does not create a tenancy, but rather a prepaid usage license to use the provided amenities on an hourly, weekly, or monthly basis.
Description of Services:
The Coworking Space may provide you with access to office space, workstations, Internet access, office equipment, lab space, knowledge resources, and other services (collectively, “Services”). The Services at all times are subject to the T&C.
No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any The Coworking Space’s server, or interfere with any other party’s use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any The Coworking Space server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or to which you have no rights.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
In the event of a breach of the terms and conditions of this section, your use and/or participation at the Coworking Space shall be terminated, immediately.
Use of services
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Coworking Space servers.
- Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
- Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules).
- Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party.
- Violate any applicable laws or regulations; or
- Create false identity for the purpose of misleading others.
In the event of a breach of the terms and conditions of this section, your use and/or participation at the Coworking Space shall be terminated, immediately.
Renewals and Terminations:
This Agreement is automatically renewed at the end of each period with consent of each party.
The T&C must be adhered to at all times. Failure to follow T&C can result in non-renewal or even early termination of the usage license. The Coworking Space reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the space rules. If this happens, The Coworking Space will refund any amounts paid for unused periods that remain after deducting any pending charges, on appropriate basis.
Members may terminate this Agreement by giving a 30-day written notice of termination as established in this Agreement. Termination shall be in effect as of the end of the 30th calendar day. Should Member not provide timely notice of termination to The Coworking Space then the Membership Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.
Invoicing, Payment, and Refunds:
The member is automatically invoiced weekly, in advance, and based on their membership option via ACH. Also included in weekly invoice will be any variable charges such as printer usage, storage, or room overage fees that may have been incurred during the previous period. Payment is required at the beginning of the week for that period, at the date specified during onboarding. Payment for casual (as needed / hourly) usage is either paid on the day of use unless other arrangements have been made with The Coworking Space. Payments for any reserved space are non-refundable. There is no refund or credit for unused time under the Grow Plan. A $35 return fee will apply to any unsuccessful ACH debits.
The Coworking Space reserves the right to charge late fees and/or withhold services if payments are not received on time.
Your participation in and use of the Services as The Coworking Space deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part in The Coworking Space sole discretion.
You acknowledge and agree that during your participation in and use of the Services you may exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by The Coworking Space or any participant of used of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of The Coworking Space, any analyses, compilations, studies or other documents prepared by The Coworking Space or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to;
- maintain all Confidential Information in strict confidence;
- not to disclose Confidential Information to any third parties;
- not to sue the Confidential Information in any way directly or indirectly determined to The Coworking Space or any participant or user of the Services.
All confidential information remains the sole and exclusive property of The Coworking Space or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of The Coworking Space or any participant or user of the Services.
Participation in or Use of Services:
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Coworking Space does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
Disclaimer of Warranties:
To the maximum extent permitted by the applicable law, The Coworking Space provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited 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 the applicable law, in no event shall The Coworking Space 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 and and 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 The Coworking Space, and even if The Coworking Space has been advised of the possibility of such damages.
Limitation of Liability and Remedies:
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of The Coworking Space 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 under any provision of this T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to [enter amount]. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding The Coworking Space, or any of The Coworking Space officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
You release, and hereby agree to indemnify, defend and save harmless The Coworking Space and The Coworking Space subsidiaries (whether or not wholly-owned), affiliates, divisions, 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 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 attorney fees and costs incurred by The Coworking Space or its respective officers and agents in connection with the defense of such claim or lawsuit.
General Liability Release:
In consideration of PROLETE HEALTH PLLC DBA MINT COWORKING AND MINT MEDICAL SUITES (“PH”) allowing (“Member(s)”) parties listed above to use and occupy the Coworking Space, Member does hereby remise, release, and forever discharge PH, of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, and any and all claims, demands and liabilities whatsoever of every name and nature, both in LAW and in EQUITY, which against the said PH or its heirs, successors, assigns, agents, and servants Member may now have or ever had from the beginning of the world to this date, and more especially on account of Member’s use of the Coworking Space and any loss, injury or theft associated therewith. Occupant is aware of the risks associated with the use of the Coworking Space, and does hereby expressly assume and consent to the same. Member(s) is/are aware that this Agreement creates legally binding obligations and, therefore, has had the chance to review the same, prior to its execution, with the Attorney of their choice. This agreement shall be governed in accordance with the Laws of Arizona.
In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
The Coworking Space carries Liability and Business Personal Property insurance. As a user, you are not required but it is strongly suggested that you carry an Insurance policy to cover your own equipment while using our space.
- Parking is available in the complex, with the exception of reserved spaces. Bicycles are not allowed inside the facility. All members must park in the REAR of the facility, leaving front parking spaces for member clients and patients.
- Mint Medical Suites is a non-smoking facility. Smoking inside the facility is strictly prohibited.
- Members are allowed to bring guests. However, they must register with the facility manager. If they are participating in use of the facility, they will be required to get an additional membership or purchase a Mint Day Pass.
- When using a treatment room, counter space, or other resources or areas of or in the facility it is required that you return them original configuration or condition or better once completed with use. Members who do not leave an area in original configuration or cleanliness are subject to a restoration fee. Fee is determined on a case-by-case basis.
- Rooms should be used only during member-reserved times. Should a member remain in a room beyond previously-arranged time, member will be billed at a rate of $1 per minute beyond reserved.
- Storage of equipment or personal property is only allowed within designated storage areas of the facility and The Coworking Space will not be held responsible if such items are damaged or missing.
- The Coworking Space offers free wifi to members. For a password see the facility manager. The password is subject to change from time to time.
- Mint Membership includes fully furnished and decorated rooms. Movement and/or removal of furniture and/or decor is strictly prohibited.
- The Coworking Space offers use of a break room refrigerator space for lunches and food consumption. Food stored for more than 7 days or food that shows obvious signs of perishing will be discarded. Non-food products stored in the break room refrigerator will also be discarded.
- Mail management is only available on select plans. If center receives mail for a member who is not enrolled in a plan that includes complimentary mail management, member will be automatically billed for mail receipt and management at MintMail list rate.
- Storage lockers are available for rent. Should a member need to store items on-site outside of their reserved time, a locker must be rented. Any items found within common areas or stored in any of the exam room cabinets will be discarded immediately. The Coworking Space cannot be held liable for product loss due to failure to adhere to this policy.
- Locking boxes for the medical fridge are available for rent. Any items within the medical fridge not contained within a rented locking box will be discarded. The Coworking Space cannot be held liable for product loss due to failure to adhere to this policy.
- Memberships are allowed after hours use via electronic access. The member will take full responsibility for any damages caused by neglect or abuse to the property itself or items contained within it.