IF YOU ARE A RESIDENT OF THE UNITED STATES OR ACCESS OR USE THE SERVICE IN THE UNITED STATES, BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT (UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE) AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “ARBITRATION” BELOW TO RESOLVE ANY DISPUTES WITH FLEXDESK.
You should understand that Hosts are also required to agree to additional terms and conditions relating to the provision of services to Users; and such additional terms and conditions will be provided by the Company directly to Hosts in the course of the registration process or otherwise as determined by the Company.
The Service provides Guests a Pass for a certain number of day visits valid between the Space’s open and closing times (“Pass” or “Passes”).
You understand that the Pass has no recurring cycle and does not renew. The Pass can only be used to make reservations at Spaces on days Spaces are open and have available reservations.
If You are a company or similar entity, and You purchase a FlexDesk Pass or Passes for an employee of Yours, You agree that each such FlexDesk Pass or Passes will be assigned to a specific employee, and cannot be reassigned to any other employee. No FlexDesk Pass or Passes can be assigned to non-employees absent the specific agreement of the Company.
In order to make a reservation in a Space, or to offer a reservation or otherwise make available your Space to another User through the Service, you must register for a User account.
In connection with registering for, using or participating in the Service (whether as a Guest and/or Host), you agree to (i) provide accurate, current and complete information about you and your organization as requested by FlexDesk (“Profile” and "Registration Data", respectively); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to FlexDesk, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
Upon successful completion of your sign-up with the Company, you will be provided with a personal account (an “Account”), accessible to you by a password of your choice. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Service or Spaces.
By making a reservation for a Space via the Service, each Guest acknowledges and agrees that it is entering into an agreement directly with the applicable Host, the terms of which are located at www.FlexDesk.io/legal/space-use-license (the “Space Use License Agreement”) and which include any and all additional terms, conditions and policies provided by the Host relating to the use of such Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Host (the "House Rules” and, together with the Space Use License Agreement, as applicable, the “Space License Agreement”).
The following terms in the Space License Agreement shall be defined for the applicable reservation in accordance with the Registration Data and Profile for the applicable Space, Guest and Host.
the “Agreement Time” shall mean the date and time the reservation is booked through the Service;
a “Minimum Fee” may apply;
the “Host” shall mean the Host and the Host’s email and address shall have the values set by the Host in the Host’s Profile as of the Agreement Time;
the “Guest” shall mean the Guest and the Guest’s email and address shall have the values set by the Guest in the Guest’s Profile as of the Agreement Time;
the “Space” shall be the space the Guest reserves by making a reservation through the Service;
the “Maximum Occupancy” shall be the value set by the Host in the Profile for the Space as of the Agreement Time;
the “Building” shall be the Building in which the Space is located as set by the Host in the Profile for the Space as of the Agreement Time;
the “Term” shall be the term of the reservation specified by the Guest and authorized by the Host;
the “Hourly Fee(s)” shall be set by the Host in the Profile for the Space as of the Agreement Time;
FlexDesk charges Hosts a “Service Fee” for processing Hourly Charges, as set forth in the Host Onboarding Terms;
the Subscription, Hourly Fees, and Service Fee together shall be the “Fees”;
While FlexDesk is not a party to the Space License Agreement between a Guest and a Host, a Guest’s use of the Service is dependent upon such Guest’s compliance with the Space License Agreement. Consequently, as a Guest, you agree to abide by, and cause your employees, agents, guests, invitees, contractors, directors, shareholders, members and representatives to abide by, the Space License Agreement. In the event of any conflict between the terms and conditions of the House Rules and the Space Use License Agreement, as applicable, the terms set forth in the House Rules shall control. Any acknowledgement and acceptance of the Space License Agreement, as well as of any applicable House Rules, by a Guest as a part of making a reservation establishes an agreement directly between the Guest and the applicable Host. The Hosts, not FlexDesk, are solely responsible for honoring any confirmed reservation and making available any Spaces reserved through the Service. Guests, and not FlexDesk, will be responsible for complying with the applicable Space License Agreement and performing their obligations under any such agreements. FlexDesk is not a party to those agreements, and FlexDesk disclaims any and all liability arising from, related to or in connection with any such agreements. FlexDesk does not act as an insurer or as a Guest’s or Host’s real estate broker.
FlexDesk may, but has no obligation to, monitor disputes between you and any other Users relating to the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEXDESK IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USERS, GUESTS, HOSTS INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO. FLEXDESK DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY HOSTS OR IN ANY COLLECTIONS (AS DEFINED BELOW), OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY RELEASE FLEXDESK FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM RELATING TO, OR IN CONNECTION WITH ANY SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE, COLLECTIONS SENT TO YOU BY ANOTHER USER AND THE QUALITY, HABITABILITY, CONDITIONS OR SUITABILITY OF ANY SPACE.
You hereby acknowledge that you are aware of California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
With full awareness and understanding of the above provisions, you hereby waive any rights you may have under Section 1542, as well as under any other statutes or common law principles of similar effect.
You are responsible for paying all applicable taxes associated with your use of the Service.
In exchange for your use of the Service, you agree that FlexDesk will process payments on your behalf and be the Host’s limited payment collection agent, and the Fees paid shall be considered the same as a payment made directly to the Host.
For a Pass or Passes, FlexDesk will process payment for the applicable reservation within 2 hours after the reservation ended. You will be charged the Fees for the total time reserved, as set forth in the offering for the Space. Any changes you make to your reservation after it is made may result in an adjustment to the Fees for the reservation subject to the Cancellation Terms (defined below). In the event you use the Space for longer than the amount of time you booked for your reservation, the applicable Host may adjust the Hourly Charge for your reservation based on your actual use of the Space. If you believe a change to your Hourly Charge made by a Host was in error, you may request a refund by providing notice to FlexDesk through the Service. FlexDesk may provide you a refund, after a thorough review with the Host, as determined at FlexDesk’s sole discretion.
Upon any change to a payment method or each reservation request, FlexDesk may seek authorization of Your selected payment method via credit card authorization to verify Your payment method, ensure the reservation cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce Your available credit by the authorization amount until your bank’s next processing Cycle. Should the amount of our authorization exceed the total funds on deposit in Your account, You may be subject to overdraft of NSF charges by the bank issuing Your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Credit card payment processing services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms and/or by using any credit card processing services via the Service, User agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
Guest must maintain a valid credit card on file in order to maintain a FlexDesk account and use the Service. By providing such information and using the Service, User understands and agrees that FlexDesk (and/or the third party service provider, as applicable) may process charges for payments so initiated by the User in accordance with the Fees and rates that are then in effect.
Each User will indemnify, defend, and hold FlexDesk harmless from any breach of credit or debit card processing and/or issuing agreements, and/or violation of applicable law.
FlexDesk may use temporary authorized holds on your credit card to verify your payment method. When you create a FlexDesk account, update your payment method, or make a reservation, you may see a pending transaction on your payment method, an Authorization Hold. This is not an extra charge, it’s a temporary authorization hold used to verify your payment method. The hold will never actually process, but may show up as "pending" on your bank statement. If you see a pending amount, it will be removed by your card issuer, usually within 3-5 business days, and your card will never actually be charged. Once your card is successfully charged, FlexDesk immediately releases the hold. Please contact your bank for more information about their authorization timeframes and policies.
If you are a Host, you acknowledge that FlexDesk accepts payments from Guests as a limited collection agent for the Host and that FlexDesk’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. FlexDesk does not guarantee payments to Hosts for amounts that have not been successfully received by FlexDesk from Guests.
FlexDesk may collect a Deposit on behalf of the Host and hold it for the benefit of the Guest and Host during the term of the reservation pursuant to the terms and conditions of the Space License Agreement.
Any reservations that are cancelled by the Guest or by the Space at the Guest's request are subject to the Cancellation Terms.
Cancellations of any Space License Agreement shall be governed by the terms and conditions of the Space License Agreement (the "Cancellation Terms").
You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding You or Your company or organization including, if You are a Host, Your Space (a "Profile"). Your Profile will display to other Users certain of Your Registration Data and other content about You or Your company or your organization including, if You are a Host, Your Space, that you upload or otherwise provide to FlexDesk for use in Your Profile (collectively the "Profile Content"). You agree to provide accurate and current information in Your Profile and to promptly update the Profile Content to keep it accurate and current.
You are solely responsible for the Profile Content, messages, notes, text, information, offerings, images, links and any other content that You upload, publish, display or otherwise provide to FlexDesk for display (hereinafter, "post") on or through the Service, or transmit to or share with other Users or to third parties via the Service (collectively, "User Content"). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post.
For Site and Application curating purposes, you agree that FlexDesk may edit the Host Profile content, and supplement or replace Profile images. Before doing so, FlexDesk will request permission at the Host’s contact email in your profile, which permission may not be unreasonably denied or delayed. FlexDesk will not post, transmit, or distribute User Content that FlexDesk did not create or that FlexDesk does not have permission to post.
FlexDesk does not verify the accuracy, completeness, reliability or authenticity of any User Content, including any Space descriptions or Space availability information provided by Hosts, and makes no representations or warranties with respect to any User Content.
"FlexDesk" is a trademark of FlexDesk, Inc. "FlexDesk", and together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of FlexDesk in the U.S. and other countries ("FlexDesk Marks"). You may not use the FlexDesk Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that FlexDesk endorses any product or service. You may not reproduce or use the FlexDesk Marks without the prior written permission of FlexDesk.
You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED, and FlexDesk expressly disclaims any liability that may result from Your High Risk Use of the Service or any Space, to the extent permitted under applicable law. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act.
The Site may contain (or You may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by FlexDesk. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that, with respect to Third Party Sites, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You may not derive or attempt to derive the source code of all or any portion of the Application, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Application or any part thereof.
FlexDesk and its licensors own and shall retain all intellectual property rights and other rights in and to the Application, and any changes, modifications or corrections thereto.
FlexDesk respects the intellectual property rights of others and expects Users of the Service to do the same. FlexDesk complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us.
If you believe that any User Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
If you believe that your User Content that was removed after we received a notice of copyright infringement is not actually infringing, or that you have the necessary rights to post your User Content, please send us a counter-notice containing the following information:
Filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
We reserve the right to remove User Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, FlexDesk may also terminate a User's account if the User is determined to be a repeat infringer.
FlexDesk is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information, Host material, or Guest information. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. FlexDesk is not responsible for the conduct, whether online or offline, of any User, including any Guest's non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. FlexDesk shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will FlexDesk be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Spaces, products or services provided by Users.
FLEXDESK PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO HOSTS AND GUESTS "AS IS," “WHERE IS,” AND “AS AVAILABLE.” EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, FLEXDESK AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. FLEXDESK CANNOT GUARANTEE AND DOES NOT PROMISE TO HOSTS AND GUESTS, AND HOSTS CANNOT GUARANTEE AND DO NOT PROMISE TO GUESTS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. FLEXDESK FURTHER CANNOT GUARANTEE THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. IN NO EVENT WILL FLEXDESK BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR OTHER DATA.
YOU AGREE THAT FLEXDESK HAS NO SPECIAL RELATIONSHIP WITH, OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT FLEXDESK HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) WHICH INDIVIDUALS, COMPANIES OR OTHER ENTITIES GAIN ACCESS TO OR USE THE SERVICE; (II) THE CONTENT THAT YOU MAY ACCESS VIA THE SERVICE; (III) THE EFFECT THE CONTENT MAY HAVE ON YOU; (IV) HOW YOU OR OTHER INDIVIDUALS MAY INTERPRET OR USE THE CONTENT; OR (V) THE ACTIONS YOU OR OTHER USERS OR PROVIDERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. THE SERVICE MAY CONTAIN, OR MAY CONTAIN LINKS TO SERVICES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE.
WITHOUT LIMITING THE FOREGOING, FLEXDESK DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; FlexDesk DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE RESERVATION WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND FLEXDESK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. IN NO EVENT WILL FLEXDESK BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR OTHER DATA.
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT THE FlexDesk’ LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER APPLICABLE LAW.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): FLEXDESK MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE. FLEXDESK WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON FLEXDESK’S EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE SERVICE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICE.
IN NO EVENT WILL FLEXDESK OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A GUEST'S USE OF A SPACE, EVEN IF FLEXDESK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLEXDESK BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A GUEST AND A HOST. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEXDESK’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FLEXDESK FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
FlexDesk shall not be liable to You or any third party for any claim or liability of any kind that arises from Users’ interactions with any Hosts or with any other third party organizations and/or individuals found on or through the Service. This includes, but is not limited to, any claim or liability arising from or associated with: The ability of Users to access a Host’s facilities; the conditions at or the use of a Host’s facilities; any services, food, or other aspects or features of a Host’s facilities; the delivery of goods and services in general, the content or subject matter found on the Service or any website, and any other terms, conditions, warranties or representations associated with listings on the Service. In addition, FlexDesk shall not be liable for any damage or loss of any kind caused by Users when such Users access or use any Space or associated facilities.
You understand that FlexDesk is not a Host, and that FlexDesk is not responsible for the quality or security of Space(s) or services provided by Hosts. By using the Service and/or by accessing any Space(s) You acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of, and that You expressly assume, any and all of the risks associated with using the Service and accessing Space(s), which may include, but are not limited to, property damage, illness and bodily injury or death. Hosts, not FlexDesk, are responsible for maintaining applicable ADA compliance and update their ADA status on their profile hosted within FlexDesk’s Service platform.
Users agree that their sole recourse for any loss, damage, harm or claim (collectively, “Claim”) as described in the previous paragraph will be against the applicable Host(s) or applicable third party(s), and hereby waive any recourse against the FlexDesk for such Claims.
Hosts agree that their sole recourse for any Claim of any kind caused by or arising from Users’ access to or use of Spaces (or Host’s facilities in general) will be against such User(s) or applicable third party(s); and further, Hosts hereby waive any recourse against FlexDesk for any such Claims.
FlexDesk is and will be under no obligation to become involved in disputes between Users and Hosts or other third parties. In the event of a dispute of any kind that arises between a User and a Host or other third party (including but not limited to claims based on business losses, damage to individuals or property, personal injury, and any other loss, damage or claim), You hereby waive and release FlexDesk, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the FlexDesk’s Website(s) and/or Service.
AS A CONDITION OF THE USE OF THE SERVICE, YOU, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS FLEXDESK, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY FOR ANY CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES OF ANY KIND THAT MAY ARISE OUT OF OR IN ANY WAY ARE RELATED TO YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, FLEXDESK'S ROLE AS A LIMITED COLLECTION AGENT ON BEHALF OF HOST.
If you are a "consumer" for the purposes of the Australian Consumer Law, certain guarantees may be conferred on you and certain rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, FlexDesk's liability to you under the Australian Consumer Law is limited at FlexDesk's option to: (i) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (ii) in the case of services, resupply of the services or payment of the cost of re-supplying the services.
FlexDesk may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FlexDesk.
Hosts may terminate their FlexDesk account at any time by providing FlexDesk with notice of termination via email sent to clark@FlexDesk.io. Your access to, use of, or participation in the Service, including any content therein, may be prevented by FlexDesk at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, FlexDesk will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Host and your Collections, on or through the Service.
Guests may terminate their account at any time by deleting the Application from your device, ceasing all use of the Service and requesting FlexDesk to cancel your account via email sent to clark@FlexDesk.io.
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to FlexDesk of your intent to arbitrate (“Notice”). The Notice to FlexDesk should be sent by emailing the Notice to clark@FlexDesk.io.
The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The arbitration will be administered by the International Institute for Conflict Prevention and Resolution (“CPR”) under the CPR Rules for Administered Arbitration by a single arbitrator. The arbitration will be conducted in the County of Cook, State of Illinois, United States.
Each party will be responsible for paying any CPR, administrative and arbitrator fees (other than the initial filing fees) in accordance with CPR Rules, except that FlexDesk will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Nothing in this Arbitration Agreement shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.
If you do not want to arbitrate disputes with FlexDesk and you are an individual, you may opt out of this Arbitration Agreement by sending an email to: clark@FlexDesk.io within 30 days of the first of the date you access or use the Service.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed exclusively and irrevocably by the laws of the State of Illinois and the FAA without regard to or application of its conflict of law provisions or your state or country of residence, and will be brought solely in the federal or state courts located in Travis County, Texas, United States. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Accessing the Service is prohibited from territories where such content of service is illegal. If You access the Service from other locations, You do so at Your own initiative and risk and are responsible for compliance with local laws. Access and use of the Service is limited to the United States.
By using the Service, You consent to receive from FlexDesk reasonable communications including notices, agreements, legally required disclosures or other information in connection with the Service (collectively, "Contract Notices") electronically. FlexDesk may provide such electronic Contract Notices by posting them on the Service. If You desire to withdraw Your consent to receive Contract Notices electronically, You must discontinue Your use of the Service.
This Agreement between You and FlexDesk with respect to the Service supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and FlexDesk with respect to the Service. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
A summary of FlexDesk legal docs is available at www.FlexDesk.io/legal/summary.