General Terms and Conditions

fibercove Terms of Use

Acceptance of Terms

The facilities and services fibercove inc. (“fibercove”) provides to its members and all other guests, (as described below) are subject to the following Terms of Use (the “TOU”). In addition to this TOU, members and all other guests must comply with the fibercove “House Rules” which may be posted from time to time at fibercove. In addition to this TOU, members and all other guests must also comply with the rules and regulations of the South Lamar Business Park, where fibercove is located. In addition to this TOU, event hosts and their guests must also comply with the fibercove Event Space Rental Agreement.

fibercove reserves the right to update the TOU and House Rules at any time. Use of fibercove by members and guests shall not be construed to create a partnership, joint venture, investment, landlord/tenant, agency, or other relationship between fibercove and its members or guests.

fibercove is located at South Lamar Business Park, 1700 South Lamar Boulevard, Suite 338, Austin, Texas 78704.

Description of Services

fibercove provides its members and other guests with access to office facilities, coworking facilities, work stations, Internet access, office equipment, conference facilities, event space, knowledge resources, and other services as fibercove may provide from time to time (each a “Service” and collectively the “Services”). The Services are at all times subject to this TOU.

Unlawful or Prohibited Uses

Members and guests agree that when using the fibercove facility and services, and the South Lamar Business Park, you will not engage in the following unlawful or prohibited uses:

• Publish, post, upload, distribute or disseminate any illegal, inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

• Upload, or otherwise make available, files that contain images, photographs, software or other material prohibited by law or protected by intellectual property laws, including, by way of example, and not as limitation, 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;

• 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;

• Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

• Violate any house rules, code of conduct of other guidelines of fibercove or the South Lamar Business Park;

• Create a false identity for the purpose of misleading others;

• Cause any unnecessary janitorial labor by reason of carelessness or indifference in the preservation of good order and cleanliness;

• Use fibercove or South Lamar Business Park for lodging;

• Install, maintain or otherwise locate any computer server at fibercove;

• Bring or use any hazardous substances to fibercove or the South Lamar Business Park, including but not limited to: kerosene, propane, gasoline or flammable or combustible fluid or material, hazardous materials, or any method of heating or cooling other than that provided by fibercove;

• Bring or use any firearms or weapons to fibercove or South Lamar Business Park;

• Bring or use narcotics or other banned substances at fibercove or South Lamar Business Park;

• Store goods, wares or merchandise at fibercove;

• Consume alcohol if below the legal drinking age.

Cellular Phones and Mobile Devices

fibercove encourages its members and guests to avoid using cellular phones or other mobile devices in a disruptive or noisy manner. fibercove requests that everyone keep their phones on vibrate while at fibercove and use a private area, such as a conference room or booth, or step outside the facility for calls lasting longer than three (3) minutes.

Alterations and Signage

Members and guests may not make any changes, alterations, or improvements to the fibercove facilities or the South Lamar Business Park. Members and guests may not place any signs or other advertising at fibercove without the prior express written consent of fibercove. Members and guests may not otherwise place or distribute any signs, advertising or other marketing materials at the South Lamar Business Park.

Use of fibercove Name

Use of the fibercove name is protected by U.S. trademark and intellectual property laws. Members and guests may not use the fibercove name without the express prior written consent of fibercove, unless fibercove has agreed to as their business address, and fibercove is not opposed.

Disclosure of Member Information

fibercove may publish certain member information on its website(s) and social media accounts, including but not limited to the member’s name, business or company, position, photo and website information.

Internet Service and Network Usage

fibercove seeks to provide reliable, secure, high speed internet access, and any interruptions will be addressed promptly. However, in the event of a service interruption, fibercove is not responsible for any data, business, or other damage or losses. Similarly, fibercove is not responsible for damage or losses resulting from power surges, computer malware or viruses, or other malicious network attacks. Members and guests may not share the high-speed Internet service, whether in wired or wireless form with or for the benefit of non-members, or to engage in activities requiring an unreasonable amount of bandwidth. Members and guests may not transmit bulk email in any form via the internet service provided by fibercove, or otherwise engage in activities that could damage, disable, overburden, or impair any fibercove server. Members and guests may not attempt to gain unauthorized access to any accounts, computer systems or networks connected to any fibercove server through hacking, password mining or any other means.

Electricity Usage

fibercove is designed to provide standard office use electrical facilities and office lighting. The Member shall not use any equipment or devices that utilize excessive electrical energy or which may overload the wiring or interfere with electrical service to other occupants of fibercove or violate any law, ordinance or rule or regulation of any utility company or governmental agency or authority. Electrical power can fluctuate during normal usage and accordingly members and guests are encouraged to use surge protectors and any other necessary equipment for protection against spikes or dips in electrical power. fibercove is not responsible for any damage to equipment suffered as a result of electrical conditions.

Facility Access

fibercove members may access the fibercove facility during standard business hours.

Guests who are not members may access the fibercove facility during standard business hours accompanied by member. Members are responsible for their guests.

Member and Non-Member Fees

Fees for fibercove memberships, conference room reservations, passes, event space rentals and other fees for members and non-members are posted on the fibercove website at www.fibercove.com.

fibercove may deny or otherwise restrict access to members that have not paid the applicable fees or have not agreed to these TOU.

Refund Policy

There are no refunds, partial or full for any membership, product, or services fee.

Cancellation Policy

Cancellation notice for all office spaces must be provided 60 days in advance. All membership fees for said spaces are due through the contract renewal date after 60 days from the date of notification.

Non-Member Visitation and Meetings

Non-members who are invited to fibercove as guests of a member are subject to a daily visitation limit of two (2) hours. Further, members may not hold more than twenty (20) separate non-member meetings at fibercove in any month. A guest is defined as (a) a person who does not have a membership, or (b) a person who is not a direct and current employee of the member if the member is an organization. A non-member meeting is defined as a single contiguous block of time during which the same set of people meet, at least one of whom is not a member. Members shall be responsible for their guests and shall be liable for all acts of such guests.

Lost or Stolen Property

Although fibercove seeks to maintain a safe, crime free, and stress free environment, fibercove is not responsible for lost or stolen property.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, fibercove 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, 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 fibercove 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 fibercove, and even if fibercove has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply.

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 fibercove 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 up to twenty dollars (USD $20.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Termination

fibercove reserves the right to terminate this TOU or to suspend use of any Services at any time, without notice.

Indemnification

You release, and hereby agree to indemnify, defend, protect and hold harmless fibercove and 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 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 legal fees and costs incurred by fibercove or its respective officers and agents in connection with the defense of such claim or lawsuit.

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.

Governing Law and Jurisdiction

The TOU shall be governed, construed and interpreted by, through and under the laws of the State of Texas. Any dispute under the TOU shall be subject to the exclusive jurisdiction of the courts located in Travis County, Texas.

The fibercove Team.

You should only be receiving this email if you showed your interest in using the services from fibercove.