Founding Member Terms of Use

Acceptance of the Terms of Use 

Welcome to the Founding Membership at The Hivery – we’re glad you’re here! This is a very special and limited membership tier at a highly discounted rate in exchange for paying for your membership upfront, and believing in the mission of The Hivery as we grow. We are grateful for participation in The Hivery Founding Membership.

These terms of use are entered into by and between You and The Hivery, LLC (“The Hivery”, “Company,” “we,” “our,” or “us”). The following Terms of Use, together with our Privacy Policy (https://www.thehivery.com/website-privacy-policy) and our Member Handbook (https://www.thehivery.com/member-handbook), (collectively, these “Terms of Use”), govern your access to and use of the http://thehivery.spaces.nexudus.com/ website for our Mill Valley location and the https://thehiverysf.spaces.nexudus.com/en website for our San Francisco location, mobile application, the https://thehivery.mykajabi.com and https://the-hivery.mn.co/feed for our virtual community and your membership with The Hivery (collectively the “Service”), including any content, functionality, and access offered therein.  

Please read the Terms of Use carefully before you start to use the Service. By using the Service, or by signing an acknowledgement of these Terms of Use if that option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy and our Member Handbook, incorporated herein by reference. If you do not agree to these Terms of Use, the Privacy Policy or the Member Handbook, you may not access or use the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.

Member Agreement

1.     Membership Agreement

The Hivery was created to foster and support a collaborative by providing its’ members with space, learning, and community. By joining The Hivery, our members agree to certain rules for our community. The goal of The Hivery is to support each other, cultivate what’s next in each of our work, collaborate, learn, and grow, all of which requires a commitment to follow the Community Rules (https://www.thehivery.com/community-rules). Any questions about this Agreement, or any rules should be addressed by email to [email protected]. 

2.     Term

Founding Memberships have either a two-year term or a five-year term as determined by the membership tier (the “Term”). The Founding Membership shall become effective on the date on which the Founding Membership is paid for in full or after the expiration of a current 6-month membership, if applicable (the “Effective Date”). If the Term has not expired, all Founding Memberships shall terminate on April 1, 2024, regardless of the Effective Date. This agreement remains in full force and effect during the Term of your membership, whilst you use the Service, and thereafter as permitted by law.  Founding Memberships run continuously for the duration of the Term and cannot be paused or transferred.

The Hivery will give members 30-day notice if the membership model changes, pricing changes, access/hours change, or if there is a change to the individual’s membership, including the possibility that the work-style is not a fit for a coworking environment. Note that this 30-day notice is not granted in the case of unkind or illegal behavior as stated in Section 6 –  Termination.

3.     Conduct

By using the Service, you agree to the following:

Kindness is the first and most important mantra for The Hivery. Behave well and treat others the way you would want to be treated. Support others’ ideas, efforts, and work. You agree to abide by the Code of Conduct (https://www.thehivery.com/code-of-conduct) and Community Rules (https://www.thehivery.com/community-rules) as put forth in The Hivery Member Handbook (https://www.thehivery.com/member-handbook).

4.      Community

Believe in yourself, believe in others, and especially believe in the collaborative power of the The Hivery community. Share. Collaborate. Work hard. Have fun. Improve The Hivery for all. Give input to make The Hivery better.  

5.      Membership Details and Access

Founding Membership includes the following benefits:

  • Founding Membership grants members unlimited coworking membership and access to any open Hivery Location during the Term of the membership.  

  • Ten complimentary guest passes per year to cowork alongside your special guests.

  • Founding Member Daylong Retreats and special Founding Member gatherings. Founding Member events will offer an incredible opportunity to connect with your fellow Founding Members. The frequency, format and duration of Founding Member events may vary over the course of your membership and are not guaranteed.Founding Member events shall be offered at the sole discretion of The Hivery.

  • Hard hat parties and private tours of space-in-progress.  These events are not guaranteed and shall be offered at the sole discretion of The Hivery.

It is our intention to build and sustain the current Hivery locations, and potentially add more. We are fiscally, operationally, and strategically well-positioned to maintain a thriving business with the Mill Valley and San Francisco locations and have every intention to keep both locations, open for the duration of your membership. Purchase of this Founding Membership is a highly-discounted, prepaid membership made available at a very low rate in exchange for the Founding Members’ understanding that The Hivery is a growing startup, and that success of each location can not be guaranteed.

The Hivery in no way guarantees any specific location of The Hivery will remain open or available during the membership Term.  During the membership Term, Hivery locations may be subject to change, including temporary or permanent closure.  No such closure or change shall alter these Terms of Use.  Founding Memberships shall not be refunded under any circumstance, including a change in available Hivery Locations. Locations of The Hivery are subject to change without notice. Founding Members shall have no input in any decision by The Hivery to close or change a location.

The Hivery does not guarantee any preferential treatment on programming for Founding Members. For example, Founding Members will not necessarily get to present, speak, teach, or select programming for The Hivery. Founding Members agree to abide by the Code of Conduct (https://www.thehivery.com/code-of-conduct) and Community Rules (https://www.thehivery.com/community-rules)  as put forth in The Hivery Member Handbook (https://www.thehivery.com/member-handbook).

Founding Membership bestows no ownership interest in the Company.  Founding Membership is not an investment.

6.      Termination

We value your membership and your contributions to The Hivery community, but we understand that circumstances can change and you may need to leave The Hivery as a member. If you terminate your Founding Membership, no refund shall be issued, and your membership is non-transferable.  

You agree not to use The Hivery for any purpose that is unlawful, prohibited, or that could damage, disable or impair any of The Hivery furnishings, equipment, or space, or keep other members from using The Hivery, or that would hurt The Hivery as an ongoing business. This also means you won’t attempt to gain access to any computer systems or networks of The Hivery (beyond general web access), or attempt to obtain any materials or information not intentionally made available to all The Hivery members.  If your use of the Services violates these obligations, your membership may be terminated immediately at the sole discretion of The Hivery.

Founding Members who breach Community Rules, the Code of Conduct, these Terms, or engage in illegal activity, or activity that could harm The Hivery could be subject to termination. If The Hivery terminates your Founding Membership for cause, no refund shall issue.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Our Service may contain links to third-party websites or services that are not owned or controlled by The Hivery LLC.  The Hivery LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Hivery LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services, access available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7.     Changes

We will do our best to notify members of changes to the Community Rules and this Agreement. We will strive to keep an up-to-date copy of this agreement in the Online Member Area of The Hivery’s website.

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. If you have any questions about these Terms of Use, please contact us at [email protected]. 

8.      Fees

Founding Membership fees for the 5-year term are $10,000.  Founding Membership fees for the 2-year term are $5,000 in 2019 and $7500 in 2020. Founding Membership fees are due in full at the commencement of your membership. Founding Membership fees are non-refundable for any reason.

9.     Connections

You also agree not to use The Hivery or The Hivery property in connection with:

a. Contests, pyramid schemes, chain letters, junk email, spamming or similar behavior; b. Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others; c. Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information; d. Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights, or is protected by intellectual property laws where you don’t own or license such rights; and e. Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of The Hivery or another member. If you use The Hivery or The Hivery property in connection with the above enumerated actions, your Founding Membership will be terminated immediately at the sole discretion of The Hivery, and no refund shall issue.

10.   Confidences

You acknowledge that during your membership in The Hivery, you are going to be exposed to The Hivery Confidences. “The Hivery Confidences” means information (such as business information, trade secrets, technology, customers and prospects, and other secret stuff) disclosed by The Hivery or by other members of The Hivery (including through your keen observation) that is confidential or proprietary in nature and simply just not known by others. You agree to keep confidential and not to disclose or use The Hivery Confidences, you understand that they remain the exclusive property of whomever disclosed them, and you don’t acquire any rights to such Hivery Confidences.

11.   Complaints

Please don’t make defamatory or disparaging comments about The Hivery or fellow members. Gossip is not tolerated at The Hivery. Suggestions are welcome in a respectful, private manner to the founder.  To make a suggestion, please contact [email protected].

12.   Intellectual Property Rights

Founding Membership bestows no ownership rights to The Hivery or any intellectual property held by The Hivery. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

13.  Liability

Neither The Hivery nor its members will assume any liability to you with respect to your access to, participation in, use of The Hivery or The Hivery Services, or any loss of information or other property resulting from such participation or use. The Hivery is not liable for loss, damage, or theft of anything left on The Hivery premises. The Hivery will not assume liability for damages or injuries to members, clients, guests, or other parties that members may invite to The Hivery space or on the property of any part of The Hivery or its' premises.

IN NO EVENT WILL THE HIVERY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE HIVERY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14.  Disclaimer

THE HIVERY PROVIDES THE HIVERY SERVICES “AS IS” AS A SERVICE AND NOT AS A LEASE OF REAL PROPERTY, AND DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TO THE EXTENT PERMITTED BY LAW. THERE IS ALSO NO WARRANTY OF TITLE, QUIET ENJOYMENT OR POSSESSION. THE ENTIRE RISK OF PARTICIPATING IN OR USING THE HIVERY SERVICES, REMAINS WITH YOU.

15.  Indemnification

You agree to defend, indemnify, and hold harmless The Hivery, its agents, owners, members and employees, from and against all claims, liabilities, losses, damages, expenses, judgments, fines and penalties based on or arising out of your actions, errors and omissions, willful misconduct or fraud, breach or violation of the Rules of The Hivery or otherwise suffered in connection with your participation in The Hivery or use of The Hivery Services.

16.  Consent and Governing Law

Take note that you can’t assign this Agreement without the prior written consent of The Hivery. Since The Hivery is situated in the cities of Mill Valley and San Francisco, we all agree that the law of the great State of California governs this Agreement. And we further agree that exclusive jurisdiction and venue for all purposes under this Agreement shall be in Mill Valley, CA and San Francisco, CA, everybody consents to such jurisdiction and venue. Finally, in the highly unlikely event that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected and shall remain in full force and effect to the fullest extent permitted by law. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

17.  Arbitration

At The Hivery’s sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

"The Hivery" Team.

By purchasing a Founding Membership, I acknowledge that I have read and understand this Agreement and the Rules of The Hivery as put forth in this Agreement and The Hivery Member Handbook. Further, I agree to be bound by this Agreement and the Rules of The Hivery regarding my participation in The Hivery and the use of The Hivery Services.