Terms & Conditions

# Hearten House
Membership Agreement

Hearten House offers flexible office space for well-being practitioners, including 1:1 client meeting space, space for seminars and presentations, and a common area for working and recharging. It exists because of you and for you. As a member, you’ll be more than a customer of Hearten House; you’ll be an active part of what Hearten House is and does for you and for others.

## Membership Features

Below are some, but not all, of the benefits members receive as part of their membership:

#### All Memberships

* Access to high-speed wired and wireless internet
* Use of 1:1 offices (hours available for booking each week depend on membership package)
* Use of conference room (as available, as part of hourly reservation allocation)
* Access to common areas in the space during normal operating hours (as posted in the space)
* Free or discounted admission to events held in the space

Membership levels and pricing are as currently published on the Hearten House website. Drop-in, common-space-only, and by-the-hour office use can be arranged subject to availability: just contact us.

## Payment Terms & Options

### Dates

* All membership payments are due on the first business day of each month.
* Hearten House reserves the right to charge late fees and/or withhold services if payments are not received on time.
* Membership pricing will be prorated: in other words, if you sign up for a membership on a day other than the 1st of the month, you’ll pay an amount proportionate to the remaining time in the current month<sup>.</sup>

### Payment Methods

* Current payment methods are listed in the membership portal: these include credit cards and ACH.

### Terms of Use

Our community space works because we all commit to making it work together.

It’s important that you read these terms carefully to understand your rights and protections, as well as ours. Please contact us at []( if you have questions regarding this TOU. Note that additional information and options are available in the membership portal.

#### 1. Acceptance of Terms.

The services Hearten House, LLC (“Hearten House”) 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”).

Hearten House reserves the right to update the TOU at any time. Hearten House will attempt to contact you to notify you of any updates within 30 days of their enactment using the membership portal or the contact information provided in the Membership Agreement.

#### 2. Description of Services.

Hearten House may provide you with access to office space, work stations, Internet access, office equipment, conference space, knowledge resources, and other services as Hearten House may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.

#### 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 is prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Hearten House server, or the network(s) connected to any Hearten House 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 Hearten House 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 agree not to use open flame, burn anything, or any other action prohibited in the building.
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 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.

#### 4. Use of services.
You agree that when participating in or using the Services, you will not:

1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
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 Hearten House 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 rights 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 of other guidelines which may be applicable for any particular Service or Space; this includes the prohibition on open flame, and so forth
10. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
11. Violate any applicable laws or regulations; and
12. Create a false identity for the purpose of misleading others.

#### 5. Disclosure.
Hearten House reserves the right at all times to disclose any information about you, your participation in and use of the Services as Hearten House 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 Hearten House’s sole discretion.

#### 6. 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 Hearten House, 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 Hearten House, any analyses, compilations, studies or other documents prepared by Hearten House 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.
2. Your participation in and/or use of the Services obligates you 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 Hearten House, or any participant or user of the Services.
3. All Confidential Information remains the sole and exclusive property of Hearten House 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 Hearten House, or any participant or user of the Services.

#### 7. 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 Hearten House 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.

#### 8. Disclaimer of Warranties.
To the maximum extent permitted by applicable law, Hearten House provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.

#### 9. Exclusion of Incidental, Consequential and Certain Other Damages.
To the maximum extent permitted by applicable law, in no event shall Hearten House or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Hearten House, and even if Hearten House has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.

#### 10. 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 Hearten House 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 ten dollars (USD $10.00). 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.

#### 11. Termination.
Hearten House reserves the right to terminate any Service at any time. Hearten House 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.

#### 12. Indemnification.
You release, and hereby agree to indemnify, defend and save harmless Hearten House and Hearten House’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, partners, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Hearten House or its respective officers and agents in connection with the defense of such claim or lawsuit.

#### 13. 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.

#### 14. Insurance.
Hearten House will carry General Liability insurance. As a user, it is strongly suggested that you carry appropriate insurance, which may include professional insurance, relevant professional insurance, and a Renters Insurance policy to cover your own equipment while using our space. (A Renters Insurance policy may cover you at your current residence/office, as well as at the premises of Hearten House.)

** By your purchase of a membership and/or use of the Hearten House space, you agree to these terms and conditions.

#Website Policies
This page includes several important policies that govern how this website is administered and your use of the website. Your use of the website indicates your agreement with and acceptance of these policies.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Hearten House’s use of cookies in accordance with the terms of Hearten House’s privacy policy.

##License to use website
Unless otherwise stated, Hearten House and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other materials from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
rep- ublish material from this website (including republication on another website);
– sell, rent or sub-license material from the website;
– show any material from the website in public;
– reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
– edit or otherwise modify any material on the website; or
– redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organization.

##Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Hearten House’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Hearten House’s express written consent.

##Restricted access
Access to certain areas of this website is restricted. Hearten House reserves the right to restrict access to areas of this website, or indeed this entire website, at Hearten House’s discretion.
If Hearten House provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Hearten House may disable your user ID and password in Hearten House’s sole discretion without notice or explanation.

##User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Hearten House a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Hearten House the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Hearten House or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Hearten House reserves the right to edit or remove any material submitted to this website, or stored on Hearten House’s servers, or hosted or published upon this website.
Notwithstanding Hearten House’s rights under these terms and conditions in relation to user content, Hearten House does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

##No warranties
This website is provided “as is” without any representations or warranties, express or implied. Hearten House makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Hearten House does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute advice of any kind. If you require advice in relation to any business, legal, financial or medical matter you should consult an appropriate professional.

##Limitations of liability
Hearten House will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Hearten House has been expressly advised of the potential loss.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Hearten House’s liability in respect of any:
death or personal injury caused by Hearten House’s negligence;
fraud or fraudulent misrepresentation on the part of Hearten House; or
matter which it would be illegal or unlawful for Hearten House to exclude or limit, or to attempt or purport to exclude or limit, its liability.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

##Other parties
You accept that, as a limited liability entity, Hearten House has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Hearten House’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Hearten House’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Hearten House.

##Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

You hereby indemnify Hearten House and undertake to keep Hearten House indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Hearten House to a third party in settlement of a claim or dispute on the advice of Hearten House’s legal advisers) incurred or suffered by Hearten House arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

##Breaches of these terms and conditions
Without prejudice to Hearten House’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Hearten House may take such action as Hearten House deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Hearten House may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Hearten House may transfer, sub-contract or otherwise deal with Hearten House’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

##Entire agreement
These terms and conditions constitute the entire agreement between you and Hearten House in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

##Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Utah State Law and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Utah, USA.

Copyright Notice
Copyright © 2020 Hearten House, LLC

Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Hearten House and any of its licensors.

Copyright license
Hearten House grants to you a worldwide non-exclusive royalty-free revocable license to:
view this website and the material on this website on a computer or mobile device via a web browser;
copy and store this website and the material on this website in your web browser cache memory; and
print pages from this website for your own personal and non-commercial use.
Hearten House does not grant you any other rights in relation to this website or the material on this website. All other rights are reserved. You must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Hearten House’s prior written permission.

Data mining
The automated and/or systematic collection of data from this website is prohibited.

You may request permission to use the copyright materials on this website by using the contact form at the bottom of this page.

Enforcement of copyright
Hearten House takes the protection of its copyright very seriously. If Hearten House discovers that you have used its copyright materials in contravention of the license above, Hearten House may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Hearten House’s copyright materials that contravenes or may contravene the license above, please report using the contact form at the bottom of this page.

Hearten House, A Hub for Healing, We Make Space for Well-Being, and the heart on the door logo (and its variants) are trademarks of Hearten House LLC