Legal Agreement: Terms of Service
Each individual authorized on your member list as being allowed to use your Office Space and receive the Services of your membership provided by Marquis Executive Suites.
A company, entity, or individual that enters into a Member Agreement with Marquis Executive Suites.
Document signed by the Member Company which details all specifications of the lease agreement, including but not limited to, member information, lease start and end date, office space, rental rate, and conference room credits.
Any amenity included in the Member Agreement or Agreement offered to a Member Company by Marquis Executive Suites. Marquis Executive Suites reserves the right to modify and/or update Services at any time without notice to you.
The Member of a Member Company who is a designated liaison between the Member Company and billing contact if the Primary Member and billing contact are not the same individual. The Primary Member is also the designated liaison between the Member Company and Marquis Executive Suites Staff.
The individual authorized to legally bind agreements between a Member Company and Marquis Executive Suites.
The monthly fee detailed in the Member Agreement that is required of a Member Company for the Office Space and Services provided by Marquis Executive Suites.
The office number and/or workspace location(s) designated for your use in the Member Agreement.
The building, and the property which contains said building, in which Marquis Executive Suites offers offices, workstations, and/or services to a Member Company. The address of the Premises is stated in the Member Agreement.
“Marquis Executive Suites”, “We”, “Us” or “Our”
These pronouns refer to Marquis Executive Suites, the entity you are contracting with.
“You” or “Your”
These pronouns refer to the Member or Member Company or other entity listed on the Member Agreement.
1. Acceptance of Terms
2. Description of Services.
Marquis Executive Suites may provide you with access to non-exclusive Office Space, work stations, internet access, office equipment, conference space, knowledge resources, and other services as Marquis Executive Suites may offer from time to time pursuant to the Membership Agreement (“Member Agreement”) to which this TOU is attached (collectively, “Services”). The Services at all times are subject to the Member Agreement, this TOU and the House Rules. All capitalized terms that are not defined in the “Defined Language” section of this Agreement are defined in the particular section they are pertinent to in this Agreement.
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, or that are prohibited by the House Rules, attached to this TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any Marquis Executive Suites server, or the network(s) connected to any Marquis Executive Suites 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 Marquis Executive Suites 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 the Member Agreement and abide by the terms and conditions of this Agreement 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.
- (a) Payments Due Upon Signing. Upon submitting a signed and completed Agreement, you will be obligated to deliver to us, in the amount(s) set forth in your Member Agreement, (i) a refundable deposit (“Deposit”). The Deposit will be held as a retainer for performance of all your obligations under this Agreement and is not intended to be a reserve from which fees may be paid. In the event you owe us other fees, you may not rely on deducting them from the Deposit, but must pay them separately. Subject to the complete satisfaction of your obligations under this Agreement, we will return the Deposit, or any balance after deducting outstanding fees and other costs due to us, to you by ACH within thirty (30) days (or earlier if required by applicable law) after the later of (i) the termination or expiration of this Agreement and (ii) the date on which you provide to us all account information necessary for us to make such payment.
- (b) Membership Fee. During the Term (defined below) of this Agreement, we will process payment for your Membership Fee and other then-outstanding fees, in advance, monthly and no later than the fifth (5th) business day of each month. You shall be responsible for having the necessary funds available in your payment account as of the first (1st) day of the month. The Membership Fee set forth on the Member Agreement covers the Services for only the number of Members indicated in the Membership Agreement.
- (c) Invoices; Financial Information. Marquis Executive Suites will send or otherwise provide invoices and other billing-related documents, information and notices to the Primary Member, unless a different Billing Contact is indicated on the Member Agreement. Change of the Billing Contact will require notice from the Authorized Signatory in accordance with this Agreement.
- (d) Overage Fees. Each month, you will receive a certain number of credits for conference room use, copies, printouts as specified in your Member Agreement and/or other products and services we may offer from time to time. These allowances may not be rolled over from month to month. If these allocated amounts are exceeded, you will be responsible for paying fees for such overages.
- (e) Late Fees. If payment for the Membership Fee or any other accrued and outstanding fee is not made by the tenth (10th) of the month in which such payment is due, you will be responsible for paying the then-current late charge.
- (f) Form of Payment. We accept payment of all amounts specified in this Agreement solely by direct withdrawal from your bank account or credit card. If you elect to pay via direct withdrawal, you are required to maintain sufficient money in your bank account to pay the fees described in this Agreement and to inform us promptly of any changes to the account. If you elect to pay via credit card, you are required to inform us promptly of any changes to your credit card information and must ensure that you replace such credit card and update the relevant information prior to its expiration date. Changing your payment method may result in a change in the amount required under this Agreement to be held as the Deposit. Only a single checking, savings or credit card account may be used at any given time to make payments under this Agreement. If payment via credit card fails on two occasions, we may require you to make payments via direct withdrawal.
- (g) Outstanding Fees. When we receive funds from you, we will first apply funds to any balances which are in arrears and to the earliest month due first. Once past balances are satisfied, any remaining portion of the funds will be applied to current fees due. If any payments remain outstanding after we provide notice to you, we may withhold Services or terminate this Agreement.
- (h) No Refunds. Except as provided in sections 5(b) and 5(c) of this Agreement, there are no refunds of any fees or other amounts paid by you or your Members in connection with the Services.
5. Term & Termination
- (a) Term. This Agreement will be effective when signed by both parties (“Effective Date”); provided that we have no obligations to provide you with the Services until the later of (i) the date on which payment of your Deposit and first month’s Membership Fee has cleared or (ii) the Start Date. If the Start Date is a Regular Business Day, you will be entitled to move into the Office Space after 11 a.m. (CST) on the Start Date. If the Start Date is not a Regular Business Day, you will be entitled to move into the Office Space after 11 a.m. (CST) on the first Regular Business Day after the Start Date. Unless otherwise set forth on the Member Agreement, following the Initial Term, this Agreement shall continue on a month-to-month basis (any term after the Initial Term a “Renewal Term”). The Initial Term and all subsequent Renewal Terms shall constitute the “Term.” If no Initial Term is indicated on your Member Agreement, the default Initial Term shall commence on the Start Date and end one (1) month after the Start Date. This Agreement will continue until terminated in accordance with this Agreement.
- (b) Cancellation Prior to Start Date by You. You may cancel this Agreement prior to the Start Date upon delivery of notice to us. If you terminate more than one (1) full calendar month prior to your Start Date, you may be entitled to a refund of any payments made at the time of signing the membership agreement, less any applicable charges, expenses or deductions. If you terminate within one (1) full calendar month prior to your Start Date, you will not receive any refund.
- (c ) Deposit. After termination or expiration of this Agreement, we will return any balance of your Deposit to you in accordance with section 4(a) of this Agreement.
- (d) Marquis Executive Suites reserves the right to terminate any Service at any time. Marquis Executive Suites further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU and/or House Rules. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY MARQUIS EXECUTIVE SUITES NOR THIS AGREEMENT SHALL IN ANY MANNER CONSTITUTE A LANDLORD/TENANT RELATIONSHIP, AND MARQUIS EXECUTIVE SUITES MAY IMMEDIATELY TERMINATE THE SERVICES FOR ANY REASON AT ANY TIME. Upon termination, you agree to immediately remove any and all of your personal property from the Premises.
6. Use of services.
You agree that when participating in or using the Services, you will not:
- (a) Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming 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 Marquis Executive Suites servers or bandwidth;
- (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 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;
- (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 rights 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 or 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;
- (k) Violate any applicable laws or regulations;
- (l) Create a false identity for the purpose of misleading others;
- (m) Obstruct any entranceway, create any circumstances of disrepair or damage any Marquis Executive Suites Property or Premises;
- (n) Bring any pets onto the Marquis Executive Suites Premises, unless said pet is a certified service animal;
- (o) Use cellular phones or other communication devices in a manner that will be disruptive to other members. In the interests of maintaining a peaceful environment, Marquis Executive Suites requests that all members, guests, and clients turn their phones to vibrate while in the Premises. We also ask that you use headphones, a headset, phone booth areas or meeting room for calls longer than three minutes; or
- (p) Otherwise violate the Member Agreement, this TOU or any of the House Rules.
- (q) Otherwise exceed the following usage limitations in relation to the shared conference space: Members may not have more than 15 individuals total in the boardroom, 10 individuals in the large conference room, 8 individuals in the medium conference rooms, 4 individuals in the small meeting room, 4 individuals in the podcast studio, 3 individuals in the video/photo studio. All monthly allotments of conference space usage included with memberships, as well as purchases of additional usage, are subject to availability of the conference space. Unused time does not roll over or accrue from month to month.
7. Marquis Executive Suites Required Disclosures.
Marquis Executive Suites reserves the right at all times to disclose any information about you and/or your participation in and use of the Services as Marquis Executive Suites 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 Marquis Executive Suites’ sole discretion.
- (a) You acknowledge and agree that during your participation in 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 Marquis Executive Suites 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 also includes, without limitation, information about business, sales, operations, knowhow, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Marquis Executive Suites or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
- (b) Your participation in and/or use of the Services obligates you to:
- Maintain all Confidential Information in strict confidence;
- Not to disclose Confidential Information to any third parties;
- Not to use Confidential Information in any way directly or indirectly detrimental to Marquis Executive Suites or any participant or user of the Services.
- (c) All Confidential Information remains the sole and exclusive property of Marquis Executive Suites or the respective disclosing party. You acknowledge and agree that nothing in the Member Agreement, this TOU or House Rules, or your participation or use of the Services, will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Marquis Executive Suites
- (d) You agree you have no expectation of privacy with respect to Marquis Executive Suites’ Internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages), and your activity and any files or messages on or using any of those systems may be monitored at any time without notice, including for security reasons and to ensure compliance with Marquis Executive Suites’ policies, regardless of whether such activity occurs on equipment owned by you or Marquis Executive Suites.
9. Participation In or Use of Services.
You acknowledge that you are participating in or using the Services of your own free will and decision. You acknowledge that Marquis Executive Suites 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.
10. Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARQUIS EXECUTIVE SUITES PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS 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 CONCERNING ANY USE OF THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES, REMAINS WITH YOU.
11. Exclusion of Incidental, Consequential and Certain Other Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARQUIS EXECUTIVE SUITES 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 AND 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 MARQUIS EXECUTIVE SUITES, AND EVEN IF MARQUIS EXECUTIVE SUITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. 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 MARQUIS EXECUTIVE SUITES 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 THE TOTAL AMOUNT PAID TO MARQUIS EXECUTIVE SUITES UNDER THE MEMBER AGREEMENT. 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.
You release, and hereby agree to indemnify, defend and save harmless Marquis Executive Suites and Marquis Executive Suites’ 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 (including, without limitation, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and/or fraud in connection with the participation in or use of the Services. You further agree that 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 Marquis Executive Suites or its respective officers and agents in connection with the defense of such claim or lawsuit.
Marquis Executive Suites members are not required but it is strongly suggested that they carry an insurance policy to cover their own equipment and personal property while using our space. That policy may cover your current residence/office, as well as the Premises of Marquis Executive Suites.
15. Additional General Terms.
By signing this TOU, you furthermore agree to the following additional general terms and conditions of your membership:
- (a) You shall not place anything, or allow anything to be placed in the common areas, inside any, or near the glass or any window, door, partition or wall which may in Marquis Executive Suites’ judgment, appear unsightly from the common areas or from the outside of the Premises in which the building is situated ("Building").
- (b) The sidewalks, halls, passages, exits, entrances, and stairways shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises. The halls, passages, exits, entrances, stairways, etc. are not for the use of the general public and Marquis Executive Suites shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of Marquis Executive Suites, reasonably exercised, shall be prejudicial to the safety, character, reputation and interests of the Building. Neither you nor any of your employees or invitees shall go upon the roof of the Buildings.
- (c) The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purposes other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and to the extent caused by you or your employees or invitees, the expense of any breakage, stoppage or damage resulting from the violation of this norm shall be borne by you.
- (d) You shall not cause any unnecessary janitorial labor or services by reason of your carelessness or indifference in the preservation of good order and cleanliness.
- (e) No cooking shall be done or permitted on the Premises, nor shall the Premises be used for lodging (the use of a coffee maker and microwave provided by Marquis Executive Suites, however, are permitted uses).
- (f) You shall not bring upon, use or keep in the Premises or the Building, any kerosene, gasoline or flammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Marquis Executive Suites.
- (g) Marquis Executive Suites shall have sole power to direct electricians to where and how telephone and other wires are to be introduced. No boring or cutting of wires is to be allowed without the consent of Marquis Executive Suites. The locations of telephones, call boxes and other office equipment affixed to the Premises are determined by Marquis Executive Suites, in its sole discretion. Note: Marquis Executive Suites is a WIRELESS Facility. No network or phone lines will be run for your space. Wireless adaption software / hardware is available for purchase either via the Marquis Executive Suites or third party
- (h) Marquis Executive Suites will provide a local phone number for an additional monthly cost at the request of a Member Company. Marquis Executive Suites has a Voice Over IP system for the local number to be forwarded to a mobile device of the Member Company’s choosing. At the request of a Member Company, Marquis Executive Suites can facilitate the purchase of a desk phone device through RingCentral.
- (i) Upon the termination of Services, you shall deliver to Marquis Executive Suites all keys and passes for offices, rooms, and toilet rooms which shall have been furnished to you. In the event of the loss of any keys so furnished, you shall pay Marquis Executive Suites therefore. You shall not make, or cause to be made, any such keys, you shall order all such keys solely from Marquis Executive Suites and you shall pay Marquis Executive Suites for any additional such keys over and above the set(s) of keys originally furnished by Marquis Executive Suites.
- (j) You shall not install linoleum, tile, carpet or other floor covering so that the same shall be affixed to the floor of the Premises in any manner except as approved by Marquis Executive Suites.
- (k) No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the stairways, except between such hours and in such stairways as shall be designated by Marquis Executive Suites.
- (l) When accessing the Building after hours, you shall cause all doors to the Premises to be closed and securely locked before leaving the Building.
- (m) Without the prior written consent of Marquis Executive Suites, you shall not use the name of the Building or any picture of the Building in connection with, or in promoting or advertising your business, except you may use the address of the Building as the address of your
- (n) You shall cooperate fully with Marquis Executive Suites to assure the most effective operation of the Premises' or the Building's heat and air conditioning, and shall refrain from attempting to adjust any controls.
- (o) Except for Marquis Executive Suites's gross negligence, you assume full responsibility for protecting the Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secure.
- (p) Except with the prior written consent of Marquis Executive Suites, you shall not sell or cause to be sold any items or services at retail in or from the Premises, nor shall you carry on or permit or allow any employee or person to carry on the business of machine copying, stenography, typewriting or similar business in or from the Premises for the service or accommodation of occupants of any other portion of the Building without written consent of Marquis Executive Suites.
- (q) You shall not conduct any auction nor permit any fire or bankruptcy sale to be held on the Premises, nor store goods, wares or merchandise on the Premises. You shall not allow any vending machines on the Premises without Marquis Executive Suites's prior consent.
- (r) All furniture, fixtures, or equipment must be moved into, within and out of the Building under the supervision of Marquis Executive Suites and according to such regulations as may be promulgated by Marquis Executive Suites. All moving of furniture, fixtures, or equipment into, within or out of the Building by you shall be done at such time and in such manner as directed by Marquis Executive Suites or its agent. In no cases shall items of furniture, fixtures or equipment be moved into or out of the Building or in any common area during such hours as are normally considered rush hours to an office building; i.e., 8:30-9:30 A.M., 11:00 A.M.-1:00 P.M. and 4:00-6:30 P.M.
- (s) On Weekends, federally observed holidays and on other days during certain hours for which the Premises may be closed after normal business hours, access to the Building or to halls, corridors, elevators, stairwells will be controlled by Marquis Executive Suites through the use of an electronic key system. This system will verify any and all persons seeking access to the Premises through the use of proper identification to determine if they have rights of access to the Premises. Marquis Executive Suites shall in no case be liable for damages wherein admission to the Premises has not been granted during abnormal hours by reason of your failing to properly identify yourself through the use of an electronic key, or through the failure of the Premises to be unlocked and open for access by you, your employees and the general public. Nothing contained herein shall obligate Marquis Executive Suites to provide such electronic key system or to make Marquis Executive Suites liable for any act or omission or failure of such system and the electronic keys which may be provided.
- (t) You shall not change locks or install other locks on doors without the prior written consent of Marquis Executive Suites.
- (u) You shall give prompt notice to Marquis Executive Suites of any accidents to or defects in plumbing, electrical fixtures or heating apparatus reasonably known to you so the same may be attended to properly.
- (v) Marquis Executive Suites shall have the power to prescribe the weight and position of safes or other objects which shall, if considered necessary by Marquis Executive Suites, be required to be supported by such additional materials placed on the floor as Marquis Executive Suites may direct, and at your expense. In no event can these items exceed a weight for which the floor is designed.
- (w) Internet Policy: Wireless access to The Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. Marquis Executive Suites is not responsible for any data, business or other losses as a result of such interruptions. You are responsible to protect your own computer and data from electrical surges, theft, virus, or other malicious attack. Unless otherwise set forth by Marquis Executive Suites in writing, you are receiving a single user account solely for your use of the Services through one unit per login session. You agree not to resell any aspect of the Service, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches this TOU and may constitute fraud or theft, for which Marquis Executive Suites reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. Marquis Executive Suites may change your address, log-in name or password at any time. Marquis Executive Suites will assign you an IP address each time you access the Service, and it will vary. You may not assign your login name, password or IP address to any other person. You agree not to use the Service, any Marquis Executive Suites or related network or website for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:
- violating any applicable law or regulation;
- Posting or transmitting content you do not have the right to post or transmit;
- Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other rights;
- Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful or otherwise objectionable as determined in our sole discretion;
- Attempting to intercept, collect or store data about third parties without their knowledge or consent;
- Deleting, tampering with or revising any material posted by any other person or entity;
- Accessing, tampering with or using non-public areas of the Service or any Marquis Executive Suites or related website, computer systems or network. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- Attempting to access or search the Service or any Marquis Executive Suites or related network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Marquis Executive Suites or other generally available third party web browser;
- Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
- Using the Service or any Marquis Executive Suites or related website or network to send altered, deceptive or false source-identifying information;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any Marquis Executive Suites or related website or network;
- Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any Marquis Executive Suites or related website or network, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any Marquis Executive Suites or related website or network; or
- Impersonating or misrepresenting your affiliation with any person or entity. If Marquis Executive Suites suspects violations of any of the above, Marquis Executive Suites will investigate and may institute legal action, immediately deactivate Service to any account without prior notice to you, and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with Marquis Executive Suites in investigating suspected violations.
- (x) You shall not install, maintain or otherwise located at Marquis Executive Suites any computer server of any kind, whether hardware or software without written permission from Marquis Executive Suites.
- (a) Entire Agreement. This TOU, the Member Agreement, and House Rules constitute the entire agreement between the parties pertaining to the subject matter contained therein, and supersede all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter.
- (b) In the event that any provision or portion of this TOU, the Member Agreement or House Rules is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU, the Member Agreement and House Rules shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
- (c) No waiver shall be binding on Marquis Executive Suites unless executed in writing by an authorized representative of Marquis Executive Suites.
- (d) Successors and Assigns. This TOU, the Member Agreement and House Rules shall be binding on your heirs, legal representatives, successors and assigns.
- (e) No Assignment. In no event may you assign in whole or in part your membership or use of the Services, without the advance written consent of Marquis Executive Suites.
- (f) All notices, requests, demands or other communications for which this TOU, the Member Agreement or House Rules provides shall be in writing and shall be addressed at the following addresses: If to Marquis Executive Suites: Marquis Executive Suites, 9100 NW HWY 287, Suite 200, Fort Worth, TX 76177. Attn: Community Manager. If to you: At the address set forth on page 1 of the Membership Agreement , or such other address as any party may designate in writing. All notices under this TOU, the Member Agreement and House Rules shall be effective: (i) forty-eight (48) hours after deposit in the U.S. Mail, postage prepaid, registered or certified mail, return receipt requested; (ii) Upon delivery, if delivered in person to the address set forth above; or (iii) upon delivery, if sent by commercial express service, such as Federal Express, except that notices of change of address shall be effective upon receipt.
- (g) Attorney's Fees. If Marquis Executive Suites shall bring any action for any relief against you arising out of this TOU, the Member Agreement or House Rules, the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs incurred in bringing such suits and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
- (h) Governing Law. The rights and obligations hereunder shall be governed by, and this TOU, the Member Agreement and House Rules shall be construed and enforced in accordance with, the laws of the State of Texas. Venue for the resolution of any dispute arising out of this TOU, the Member Agreement or House Rules shall be Tarrant County, Texas.
I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU (including the attached House Rules) and further agree to be bound to the TOU and House Rules regarding my participation in and use of the Services.
- (a) You acknowledge and agree that:
- keys, key cards and other such items used to gain physical access to the Premises or the Office Space remain our property. You will cause your Members to safeguard our property and you will be liable for replacement fees should any such property be lost, stolen or destroyed;
- you shall promptly notify us of any changes to your contact and payment information;
- for security reasons, we may, but have no obligation to regularly record certain areas in the Premises via video;
- you and your Members will abide by other rules and regulations as determined by us and communicated to you, including by email. We may add, delete or amend the rules and regulations at our reasonable discretion and without notice to you, provided that neither the enforcement of such rules nor the additions, deletions or amendments of such rules shall be discriminatory—that is, such rules or additions will similarly apply to all other Members and Member Companies with Office Space in the Premises receiving similar services;
- your Office Space has a limited capacity. In no event will the number of Members exceed 1.5 times the number of desks in the Office Space. We reserve the right to further limit the number of Members allowed at any point;
- common spaces are to be enjoyed by all our Member Companies, Members and guests unless otherwise instructed by us, and are for temporary use and not as a place for continuous, everyday work;
- notwithstanding any rights under trademark or copyright law and any rights of publicity, privacy or otherwise, and without further compensation, we may and hereby are authorized to use, in connection with the promotion of our and our partners’ businesses, products and services during and after the Term, (i) your name, trademark, service mark, logo, trade dress and other identifiers and intellectual property and (ii) the names, likenesses, and voices of each of your Members and guests when they are in any Premises (regardless of whether or not your specific Office Space is located in such Premises). We will use commercially reasonable efforts to obtain your prior written consent for our use of the items described in clause (i) of the immediately preceding sentence. You will ensure that you have obtained, in writing, all licenses, permissions, consents, rights and releases necessary, including without limitation from any Members, guests or other third parties, in order to grant to us the rights and licenses set forth in this section.
- only persons of legal alcohol consumption age may consume alcohol provided by Marquis Executive Suites. Alcohol is free to any person of age between the operating hours of 1 p.m. and 6 p.m. under staff supervision. Alcohol will not be made available outside of the specified operating hours without prior written consent by Marquis Executive Suites management. Marquis Executive Suites Management reserves the right to limit the consumption of alcohol of persons appearing to be unreasonably intoxicated, or those imposing a risk to their own lives or others. Members, guests, and or clients may not bring their own alcohol onto the Premises without prior written consent by Marquis Executive Suites Management.
- Member Companies or their Members may park in the lot on the South side of 9100 US Hwy 287, Fort Worth, Texas 76177. Designated one-hour parking for visitors, guests, and or clients is located in the lot on the East side of 9100 US Hwy 287, Fort Worth, Texas 76177. Marquis Executive Suites nor MKS Real Estate will be held liable for any damage or theft sustained to vehicles or personal property on the Premises.
- (b) No Member will:
- perform any activity that is reasonably likely to be disruptive or dangerous to us or any other Member Companies, or our or their employees, guests or property, including without limitation the Office Space or the Premises;
- use the Services to conduct or pursue any illegal activities;
- use the Services to conduct any activity that is generally regarded as offensive;
- attach or affix any items to the walls or make any other alterations to the Office Space, or install antennas or telecommunication lines or devices in the Office Space or the Premises or bring any additional furniture into the Office Space or the Premises, in each case without our prior written consent;
- misrepresent himself or herself to the Marquis Executive Suites community, either in person or on the Marquis Executive Suites Member Network;
- take, copy or use any information or intellectual property belonging to other Member Companies or their Members or guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same, and this provision will survive termination of this Agreement;
- take, copy or use for any purpose the name “Marquis Executive Suites” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of the Premises, without our prior consent, and this provision will survive termination of this Agreement;
- allow any guest(s) to enter the building without registering such guest(s) and performing any additional required steps according to our policies.
You are responsible for ensuring your Members comply with all House Rules.