Terms and Conditions
General Terms and Conditions
General Member Etiquette & Community Building We don’t have a lot of rules in our space so the main Member Agreement — TechTank will be on respect. Respect for others and for the space itself. Membership can be revoked for poor behavior. We don’t want that and we hope our members don’t either.
While one of the beneﬁts of the space is to create connections and social interaction, it is also where members come to get serious work done. Please be mindful not to frequently interrupt others or over-engage in social chatting in the common desk work space - take it to the kitchen instead and enjoy a coﬀee or tea while you catch up with your fellow members.
Please enjoy the convenience of our resources but don't abuse them; refreshments, paper and other supplies are for consuming while on premise.
Be responsible and respectful with your internet usage. No bit-torrent or illegal online activities are permitted by members or their guests over the TechTank internet connection. If the law comes looking for you, we will give you up immediately.
Respect other member’s privacy, conﬁdentiality, property and data just as you would expect they would do for you.
Without exception, there is no smoking or vaping permitted in the building or within 30’ ft of any building entrance.
Part of our mission as a creative community hub is to foster a positive, inclusive and safe environment for all members and their guests. We have a zero-tolerance policy for inappropriate behavior in our space. Our security systems include comprehensive video camera technology installed throughout the space. Members or their guests who do not demonstrate respect and courtesy for others or behave in a manner that is destructive to the space will be asked to leave. If anyone in our space makes you feel uncomfortable, bring it to our attention immediately.
2. Description of Services TechTank may provide you with access to office space, work stations, Internet access, office equipment, conference space, knowledge resources and any other services that may be offered from time to time (collectively, “Services”). The Services at all times are subject to the TOU.
3. No Unlawful or Prohibited Use As a condition of your use of the Services, 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 TechTank, or the network(s) connected to any TechTank 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 TechTank 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. 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 TOU 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.
4. Use of Services You agree that when participating in or using the Services, you will not: a. Use the Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise); b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through TechTank d. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not limited to, copyright or 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; e. 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; f. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; h. Restrict or inhibit any other user from using and enjoying the Services; i. Violate any code of conduct of other guidelines which may be applicable for any particular Service; j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; and k. Violate any applicable laws or regulations;
5. TechTank reserves the right at all times to disclose any information about you, your participation in and use of the Services as TechTank 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 TechTank’s sole discretion.
6. Confidentiality a. You acknowledge and agree that during your participation and use of the Services, you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by TechTank, or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information includes, but is not limited to, information about business, sales, operations, know-how, trade secrets, technology, products and financial information. b. Your participation in and/or use of the Services obligates you to I. maintain all Confidential Information in strict confidence; II. not to disclose Confidential Information to any third parties III. not to use the Confidential Information in any way directly or indirectly detrimental to TechTank, or any participant or user of the Services. c. All Confidential Information remains the sole and exclusive property of TechTank or the respective disclosing party. You acknowledge and agree that nothing in this TOU, or your participation or use of the Services, will be construed as granting any rights to you, by license or otherwise. This includes, but is not limited to, Confidential Information such as any patent, copyright or other intellectual property or proprietary rights of TechTank, or any participant or user of the Services.
7. 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 TechTank 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.
8. Disclaimer of Warranties To the maximum extent permitted by applicable law, TechTank provides the services “as is”, and hereby disclaim with respect to the 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.
9. Exclusion of Incidental, Consequential and Certain Other Damages To the maximum extent permitted by applicable law, in no event shall TechTank 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 TechTank, and even if TechTank has been advised of the possibility of such damages.
10. 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 TechTank 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 TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance. The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. Termination TechTank reserves the right to terminate any Service at any time. TechTank further reserves the right to terminate your participation in and use of any Services, immediately and without notice.
12. Indemnification You release, and hereby agree to indemnify, defend and save harmless TechTank and TechTank’s 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 attorneys’ fees and costs incurred by TechTank or its respective officers and agents in connection with the defense of such claim or lawsuit.
13. Severability In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
14. Insurance TechTank will carry Liability and Business Personal Property insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space.
15. Sexual Harassment TechTank believes that you should be afforded the opportunity to work in an environment free of sexual harassment. Sexual harassment is a form of misconduct that undermines the member relationship. No member, either male or female, should be subjected verbally or physically to unsolicited and unwelcomed sexual overtures or conduct. Sexual harassment refers to behavior that is not welcome, that is personally offensive, that debilitates morale and, therefore, interferes with work effectiveness. Behavior that amounts to sexual harassment will not be tolerated and may result in disciplinary action, up to and including immediate cancelation of services.
16. Internet Access TechTank makes every eﬀort to provide fast and reliable internet access. Due to forces outside our control, it is possible we may experience outages from time-to-time. We do not provide refunds or compensate members for internet down-time. While TechTank provides the fastest available connection from Paul Bunyan, it cannot guarantee quality of IP voice or video communications.
17. Housekeeping & Maintenance While TechTank looks after general housekeeping and cleaning, please remember that you share the space with others. Please don't leave your garbage lying around. Clean up after yourself and your guests. Don’t leave dirty dishes on the counter or in the sink… please put them in the dishwasher or wash them by hand. Please leave the meeting room and lounge spaces tidy when you leave them, ready for the next member to enjoy.
**18. Never let anyone into the space that you are not willing to be personally responsible for. **All members should only use their own access credential to enter and not just follow another member in. This gives us vital stats about use of the space that helps us make sound business decisions.
19. The space is also outﬁtted with security cameras. We do not sit and watch the space (who has time for that!) but footage will be reviewed in the event of theft or damage. Footage is saved for up to 10 days so if you experience a theft or damage to personal or TechTank property, please report it immediately.
20. Guests Our space is perfect for bringing in clients or outside collaborators for meetings. Meetings should be contained to the meeting room (or private oﬃce) so as not to disturb other members.
Membership Agreement Acceptance By accessing or using our space and service(s) you agree to be bound by the Terms & Conditions outlined in this agreement. If you are using the space or service(s) on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms & Conditions on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to this agreement. In that case, “you” and “your” refers to you and that Organization.