Terms of Use

 

Terms of Use

Our TOU is long and boring, but it’s important that you read it carefully to understand your rights and protections, as well as ours. We hope to be able to simplify these terms in the future. Please contact us at info@theofficealbion.com if you have questions regarding this TOU.

  1. Acceptance of Terms.

The services The Office Albion, LLC (“The Office”) provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms of Use (“TOU”).

The Office Albion reserves the right to update the TOU at any time. The Office Albion will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement.

  1. Description of Services.

The Office Albion may provide you with access to office space, work

stations, Internet access, office equipment, knowledge resources,

and other services as The Office Albion may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.

  1. No Unlawful or Prohibited Use.

As a condition of your use of the Services, you may not use the

Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburn, or impair any The Office service, or the network(s) connected to any The Office Albion 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 The Office Albion server or to any of the Services, through hacking, password mining or any other unauthorized 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 and abide by the terms and conditions of this TOU and no further authorizations or approval are 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.

  1. Use of services.

You agree that when participating in or using the Services, you will not:

    1. Use the Services in connecting with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise), accessing pornography;
    2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Office Albion Services;
    4. 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 right of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
    5. 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 right of any party;
    6. 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;
    7. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
    8. Restrict or inhibit any other user from using and enjoying the Services;
    9. Violate any code of conduct or other guidelines which may be applicable for any particular Service
    10. Collect information without the authorization or permission of the owner of the information;
    11. Violate any applicable laws or regulations; and
    12. Create a false identity for the purpose of misleading others.
  2. The Office Albion reserves the right at all times to disclose any information about you, your participation and use of the Services as The Office Albion 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 The Office Albion’s sole discretion.
  3. Confidentiality.
    1. 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 The Office Albion, Brick Street Marketing LLC, ACE Investment Properties LLC, Foundry Bakehouse & Deli LLC, Pure Albion LLC, Caster Concepts, Inc., 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, know-how, 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 The Office Albion, Brick Street Marketing LLC, ACE Investment Properties LLC, Foundry Bakehouse & Deli LLC, Pure Albion LLC, Caster Concepts, Inc., any analyses, compilations, studies or other documents prepared by The Office Albion, Brick Street Marketing LLC, ACE Investment Properties LLC, Foundry Bakehouse & Deli LLC, Pure Albion LLC, Caster Concepts, Inc., or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or  know or has reason to know should be treated as confidential.

    1. Your participation in and/or use of the Services you agree to
      1. maintain all Confidential Information in strict confidence;
      2. not to disclose Confidential Information to any third parties;
      3. not to use the Confidential Information in any way directly or indirectly detrimental to The Office Albion or any participant or user of the Services.
    2. All Confidential Information remains the sole and exclusive property of The Office Albion or the respective disclosing party. You acknowledge and agree that nothing in this TOU 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 The Office Albion, or any participant or user of the Services.
  2. Participation In or Use of Services

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Office Albion 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.

  1. Disclaimer of Warranties

The Office Albion strives to provide our customers with the best services possible. However, we can make no warranties regarding circumstances which are beyond our control, such as viruses or occasional interference with your use of the service by other customers.

  1. Exclusion of Incidental, Consequential or Certain Other Damages.

In consideration of being allowed to use the facilities, equipment and services of The Office Albion, in the addition to the payment of any fee or charge, I do hereby waive, release and forever discharge The Office Albion, its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, managers, representatives, employees, successors, and assigns, from any and all responsibilities and liabilities for injury or damages arising out of or connected with my use of the facilities, equipment, and services or any act of omission, including negligence, by The Office Albion, its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, managers, representatives, employees, successors, and assigns.

  1. 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 The Albion Office or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, managers, 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 one thousand dollars (USD $1,000.00). 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.

  1. Termination

The Office Albion reserves the right to terminate any Service at any time. You agree The Office Albion may terminate your membership and participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.

  1. Indemnification

You to hereby agree to indemnify, defend and save harmless The Office Albion and The Office Albion’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, managers, 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, you shall be liable for any actual reasonable attorneys’ fees and costs incurred by The Office Albion or its respective officers and agents in connection with the defense of such claim or lawsuit, in the event that the Office Albion or its respective officers and agents prevail in said lawsuit.  

  1. 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.

  1. Insurance

The Office Albion will carry General Liability insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of The Office Albion.

  1. Any dispute under this agreement will be governed by Michigan law and shall be resolved by a court in Calhoun County, Michigan, where jurisdiction and venue are acknowledged by both parties.

 

I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU and further agree to be bound to the TOU regarding my participation in and use of the Services.