Acceptance of the Member Terms of Use

Welcome to membership at The Hivery – we’re glad you’re here! These Member Terms of Use ( “Terms of Use”)) are entered into by and between you (“member,” “you,” or “your”), and The Hivery, LLC (“The Hivery,” “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) located here (collectively, these “Terms”), govern your access to and use of each physical or virtual location of The Hivery in Mill Valley, CA and San Francisco CA, The Hivery’s websites (the http://thehivery.spaces.nexudus.com/ website for our Mill Valley location, the https://thehiverysf.spaces.nexudus.com/en website for our San Francisco location, the https://thehivery.mykajabi.com and https://the-hivery.mn.co/feed for our virtual community, any applicable mobile application including www.thehivery.com, including affiliation with The Hivery FM LLC, The Hivery Community group on Facebook, and your membership with The Hivery, including any content, functionality, and access offered through these (collectively, the “Service”).

Please read these Terms of Use carefully before you start or continue to use the Service. By using the Service, electronically or otherwise click-accepting or signing an acknowledgement of these Terms of Use, or continuing to use the Service after any change or modification of the Terms of Use is put into effect, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy and our Member Handbook. 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. These Terms apply to all visitors, users and others who access or use the Service.  

The Hivery was created to foster and support a collaborative by providing its members with space, learning, and community. By joining The Hivery or otherwise accessing or using the Service, you 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 and personal lives, and to collaborate, learn, and grow together, 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].

The Hivery may refuse or remove Service access from anyone we determine, in our sole discretion and without liability or refund:

(1) fails to, or threatens or is otherwise likely to fail to, comply with any provision of these Terms of Use, the Community Rules, and all laws, regulations, and rules applicable to your use of or access to the Service;

(2) is engaging in any offensive, harassing, discriminatory, intimidating, inappropriate, microagressive, harmful, nuisance, hindering, disruptive, or illegal conduct; or

(3) poses a health and safety risk to any employees, vendors, other members, or guests of The Hivery.

A Member who is denied access to the Service or removed from using or accessing the Service for these or any other reasons shall not be entitled to any refund of prepaid fees, regardless of the circumstances surrounding denial or removal.

1. Community Rules: The Hivery was created to foster and support a collaborative by providing its members with space, learning, and community. By joining The Hivery or otherwise accessing or using the Service, you 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 and personal lives, and to collaborate, learn, and grow together, 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].

The Hivery may refuse or remove Service access from anyone we determine, in our sole discretion and without liability or refund:

(2) is engaging in any offensive, harassing, discriminatory, intimidating, inappropriate, microagressive, harmful, nuisance, hindering, disruptive, or illegal conduct; or

(3) poses a health and safety risk to any employees, vendors, other members, or guests of The Hivery.

COVID-19 Protocols and Waiver for Accessing Physical Locations

The health and safety of our members, staff, and community is of utmost importance to us. Before we reopen any of our physical locations, we are preparing in the safest way we can while the COVID-19 coronavirus pandemic continues, following the guidance of the Centers for Disease Control and Prevention, World Health Organization, State of California, and local government and public health authorities (collectively, “Industry Guidelines”), and staying up to date on the measures similar reputable businesses are taking. To keep everyone who works in or visits our physical locations as safe as possible and to let you know what to expect during your visit, we have created the following protocols, which we may update from time to time as is advisable under the circumstances or legally required:

What we will do prior to your arrival: We have properly cleaned and sanitized all surfaces within the physical locations and will keep windows open and run an air purifier with ultraviolet light technology and a HEPA filter to purify the air as much as possible. We will sanitize all surfaces and wash our hands thoroughly throughout the days that our physical locations remain open.
What you need to do before arrival: Please take your temperature prior to arrival, bring a clean, properly fitting mask and your own beverages and food, and maintain proper social distancing while entering, using, and exiting our physical locations. You may want to bring an extra layer of clothing, as we plan to keep windows open and run an air purifier during your visit.
What to expect during your visit: Please ensure your mask continues to cover your nose and mouth at all times, wash or sanitize your hands thoroughly upon arrival, and do your best to comply with social distancing guidelines throughout your visit. We will offer hand sanitizer for your use at the beginning and end of your visit, wear masks, and run an air purifier before, throughout, and after your visit.
What to expect when your visit is over: Please keep your mask on, sanitize or wash your hands thoroughly, and maintain social distancing while exiting the physical locations promptly.

Prior to entering our physical locations, we will confirm that you brought a properly fitting mask and will ask you to confirm you have NOT:

Had a fever over 100F in the past 24 hours
Recently had or currently have any respiratory or flu symptoms, sore throat, or shortness of breath
Been in contact with anyone in the past 14 days who has had the above symptoms or been diagnosed with COVID-19

Depending on your responses to the inquiries above, we may ask you to reschedule your visit. The Hivery and its owners, managers, members, affiliates, employees, contractors, and agents have the right to refuse or cease providing the Service at any time if we feel as though the safety or well-being of our business, staff, other members, or the Service is compromised, without a refund or other liability to you.

COVID-19 LIABILITY WAIVER:

The Hivery and its owners, managers, members, affiliates, employees, contractors, and agents are taking reasonable precautions to protect you and our other clients, staff, and community, including following Industry Guidelines with respect to health and safety precautions, including consistent handwashing, social distancing and sanitization practices, to do what we can to reduce the spread of COVID-19 coronavirus. We will continue to monitor local and state government restrictions and any updates to Industry Guidelines and will let you know if the restrictions or guidelines then in place impact your visit or the availability of the Service.

You understand and agree that, if you choose to visit our physical locations during this time, you are doing so during the worldwide, national, and state-wide emergency of the COVID-19 coronavirus pandemic, associated government shelter-in-place orders, local public health agency restrictions, and Industry Guidelines (collectively, “Pandemic”), each of which constitutes a force majeure event that may make it illegal, impossible, inadvisable, unsafe, or commercially impractical for us to provide the Service, and that we are not liable or responsible, nor are you entitled to a refund, for any failure or delay in providing use of or access to our physical locations due to reasons outside our reasonable control, including without limitation the Pandemic and other force majeure events defined below.

Additionally, you understand that the COVID-19 coronavirus is currently understood to be highly contagious and its spread is based on a combination of distance and time, and you agree that, although we will take the reasonable precautions specified above to reduce the chances of exposure, it is not possible to guarantee any of our safety or wellness at this time. When our spaces are able to be open and you use or access our physical locations, you knowingly and voluntarily assume all risks associated with choosing to use or access the Service during the Pandemic. You agree to hold The Hivery and its owners, managers, members, affiliates, employees, contractors, and agents harmless from all actions, suits, claims, expenses and damages arising from your use of and access to our Service during the Pandemic, except to the extent caused by our gross negligence or willful misconduct.

If you choose not to comply with our COVID-19 protocols before, during, or after your visit, we may refuse to provide or revoke access to the Service without providing a refund.

2. Term

This Agreement remains in full force and effect whilst your membership is in effect, whilst you use the Service, and thereafter as permitted by law. The Hivery reserves the right to terminate or modify your membership, including this Agreement. When feasible, and except in circumstance of Force Majeure as further defined within this Agreement below, 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 improper behavior, or due to the health and safety of the other members as further described in Section 1 above.

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

The Hivery’s membership includes access to The Hivery workspace specific times per week, depending on your membership plan. Memberships are non-transferrable, including by cause of death or serious illness. The Hivery may be bustling with people, and some days, it may be quiet. Workdays are non-transferrable on monthly membership plans. In other words, if you don’t use all of your Hivery days one month, you cannot rollover your work days to the following month. For members with longer term prepaid memberships (including 6-month prepaid and annual prepaid memberships), work days do rollover throughout the term of the prepaid contract.

6. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms 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. We will strive to keep an up-to-date copy of this agreement in the password-protected members-only area of The Hivery’s website and we will use reasonable efforts to notify you via email of all material modifications to the Terms of Use by sending an email to the then-current email we have on file for you. If you have any questions about these Terms, please contact us at [email protected].

7. Fees

Monthly membership fees are subject to change and an increased rate may apply once your current membership expires). Subsequent payments will occur automatically one month after the start date of your membership. We must have a credit card on file for all monthly recurring payments and account charges. If payment information is not up to date and payment does not go through, it is your responsibility to update your membership profile with current payment information within three business days. [MOU1]

If you decide to upgrade your membership plan, we will start you on your new upgraded plan on your next billing day. If you decide to downgrade your membership plan, we will start you on your downgraded plan at the end of your then-current membership plan term. You will be charged for your 1st month at time of membership change. Virtual Membership does not require prepayment of your last month and recurring billing for monthly members occurs monthly on the day of the month that you first joined. Longer term prepaid memberships (including 6-month prepaid and annual prepaid memberships) are billed in full at the beginning of the contract. All payments for prepaid monthly, and longer term membership plans are non-transferrable, non-pausable, and non-refundable, regardless of the reason or circumstances and even in the event the Pandemic, power outage or internet congestion, or another force majeure event impacts the Service. If our physical locations close, due to the Pandemic, no refunds will be issued, but we will downgrade existing membership plans to a virtual membership plan starting on your next billing day.

8. 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 hive. At least a 6-month commitment to The Hivery is highly encouraged as our goal is to build and foster community among our members.

Members on month-to-month membership payment plans are required to give The Hivery 30-days’ notice to cancel a membership. To cancel your membership, please submit a membership cancellation request in writing to [email protected]. Please note that 6-month and annual prepaid memberships are non-refundable, cannot be paused, and do not auto renew. Long term membership plans cannot be put on hold and must be used for a continuous 6-month term, or annual term, depending on your plan time. For avoidance of doubt, a Member shall be charged monthly for Services through the date of termination. For example purposes only, should a monthly member cancel her/his membership on June 10, the membership shall run through July 10 of the current calendar year and the membership shall be responsible for all monthly dues owed through the date of termination.

The Hivery reserves the right to terminate a membership at our sole discretion. 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 will be terminated immediately.

We may terminate or suspend access to our Service immediately, without prior notice or liability, for  any reason whatsoever, including without limitation if you breach the Terms. 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.

9. Force Majeure

The Hivery shall be excused and not considered in breach of these Terms of Use for any delay or failure, in whole or in part, that makes it illegal, impossible, inadvisable, or commercially impracticable, as determined in The Hivery’s sole discretion, for The Hivery to provide access to or use of the Services, including without limitation any fire, flood, earthquake, elements of nature or acts of God, pandemic, epidemic, widespread or locally spread illness, war, terrorism, riots, civil disorders, rebellions or revolutions, accidents, internet and third party application connectivity, loss of electricity, government-ordered closures of venues, services, and other spaces, government-issued shelter-in-place and quarantine orders, government and agency restrictions and recommendations placed on individuals and groups of individuals, health and travel restrictions, failure of members to comply with The Hivery’s specified COVID-19 protocols and health and safety requirements, or any other similar impediment beyond the reasonable control of The Hivery. The Hivery will not provide refunds for these or any other reasons.

10. Third Party Websites.

Our Service, and specifically our website, 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 web sites or services that you visit.

11. 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 membership will be terminated immediately at the sole discretion of The Hivery.

12. 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.

13. 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].

14. Intellectual Property Rights

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 Hivery, 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 Hivery name and logo, and all related names, logos, product and service names, designs, and slogans are the property of The Hivery or its affiliates or licensors. You must not use such marks without the prior written permission of The Hivery. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

15. 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 SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, 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 HIVERY FOR THE APPLICABLE SERVICES IN THE LAST 6 MONTHS OUT OF WHICH LIABILITY AROSE.

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

16. 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.

17. 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.

18. Consent and Governing Law and Severability

You may not assign this Agreement without the prior written consent of The Hivery. Because 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.

19. 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.

Acceptance of the Member Terms of Use

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