COLLECTION OF INFORMATION
PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT
We collect the following information provided from users or through user’s use of the Platform: name, e-mail address, telephone number, employer, and credit card information. As such, you should be aware that if a client of ours customizes information collected by the Platform, we will collect and store that information as well.
NON- PERSONALLY IDENTIFIABLE INFORMATION WE MAY COLLECT
We may also collect information about your device type, browser, usage behavior, IP address, websites from which you came to the Platform, or websites to which you depart from the Platform.
Evrywork uses Personally Identifiable Information for several general purposes:
- to provide you with service information, and news,
- to support the services offered on the Site,
- to contact you for feedback about our services,
- to conduct research about Evrywork’s customer base or services,
- to fulfill your reservation and purchase requests
- to process your payments including credit checks and collection,
- to notify you of technical updates or changes in policy, or
- to contact you for our own marketing and promotional purposes.
We may use non-Personally Identifiable Information such as demographic data to analyze and develop our marketing strategy and further improve the Site and our services.
INFORMATION SHARING AND DISCLOSURE
- if sharing the information is reasonably necessary to provide a service that you have requested.
- to keep you up to date on the latest product announcements, software updates, special offers, or other information we think you would like to know more about either from us or from our business partners (unless you have opted out of these types of communications).
- if we believe in good faith that we are required to do so by law, in connection with litigation, to prevent a crime, or to protect personal property, the public, or the Site.
- in connection with a sale or merger with another entity or if Evrywork should ever file for bankruptcy or have its assets sold to another entity.
- when we otherwise have your consent to share the information.
Evrywork may also share non-Personally Identifiable Information with third parties (e.g. aggregate or demographic data).
We are committed to protecting Personal Information from loss, misuse, disclosure, alteration, unauthorized access, and destruction. Evrywork takes reasonable precautions to safeguard the confidentiality of Personal Information. We protect the security of your Personal Information during transmission to us by using Secure Sockets Layer (SSL) software, which encrypts the information you input.
THIRD PARTY SITES
CREDIT CARD INFORMATION
We request your phone number and email address when you sign on so that we can reach you should further verification of your credit card information be required. Other than the last four digits of your credit card and the brand of the credit card, Evrywork does not store, process, or transmit any other cardholder data in electronic format and is in compliance with SAQ A data security standards issued by the Payment Card Industry Security Standards Council.
COOKIES AND SIMILAR TECHNOLOGIES
We use “cookies” to collect certain information from all users, including Platform visitors who complete any transaction through our Platform. A cookie is a string of data our Platform sends to your computer and then uses to identify your computer when you return to our Platform. Cookies give us usage data, such as how often you visit, where you go at the site, and what you do. We may publish such data and statistics or share such data and statistics with third parties. Please note:
- Our clients may independently set up cookies on products or services provided by our Platform, which may track any information that they desire to collect.
- We may use third party analytics services that provide us information concerning your use of and interaction with the Platform. Such services include Google Analytics, etc.
IP ADDRESSES AND LOG INFORMATION
We log IP addresses, which are the locations of computers or networks on the Internet, and analyze them for systems administration and troubleshooting purposes. We also aggregate the number of page hits on the Platform in order to track the popularity of certain pages and improve the quality of the Platform.
PROTECTION OF PERSONAL INFORMATION
We employ the industry standard data security tools to protect Personal Information. Unfortunately, even with these measures, we cannot guarantee the security of Personal Information. By using our Platform, you acknowledge and agree that (i) we make no guarantee as to the safety and security of your Personal Information and (ii) you use our Platform at your own risk.
SHARING OF INFORMATION
Should you elect to use our Platform, we will have access to any information you provide, such as your name, address, email address, telephone number, and employer. Without limiting any of the foregoing, please note the following:
- We may analyze this information for the purpose of improving our services.
- By providing your Personal Information, you are granting us the right to store and use the information in any way that does not violate any laws or regulations.
- We also may disclose information, including Personal Information, to attorneys, collection agencies, or law enforcement authorities to address potential usage or contract violations, or illegal behavior.
- We disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property.
- We may share Personal Information in connection with a corporate transaction, such as a merger or sale of our company, or a sale of all or substantially all of our assets or of the product or service line you received from us, or a bankruptcy.
- As noted above, we compile Platform usage statistics from data collected through cookies, which we may publish or share with third parties.
Our Platform may link to third-party sites and third party sites may embed our Platform, or otherwise link to our Platform. When using third-party sites (for example, calendar booking sites), you should review the privacy policies of such third-party sites to understand how they collect and use Personal Information.
INFORMATION OF CHILDREN
We understand the importance of protecting children’s privacy online. The Platform is not for use by children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.
Terms + Conditions
For Coworking Members:
Evrywork is a monthly subscription service that gives our members access to co-working spaces. The terms and conditions stated herein (collectively, the Agreement) constitute a legal agreement between you and Evrywork Inc., a Canadian corporation (the Company or Evrywork) having its registered office at #1306, 1215 5th Street Southwest, Calgary, AB Canada T2R0Y6.
The Company may make modifications, deletions and/or additions to this Agreement (Changes) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Application or Website user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
KEY CONTENT-RELATED TERMS
“Workspace” means the Company’s approved partner locations, including entry or access areas, and any common areas, as applicable, which are accessed through the Application, the Website, or any other means that Evrywork implements.
“Collective Content” means, collectively, Company Content and User Content.
“Content” means text, graphics, images, software (excluding the Application), video, information or other materials.
“Company Content” means Content that Company makes available through the Application and/or Website, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Workspace, Website, or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website or Application.
“Website” means Evrywork.com or any other website through which the Company makes available the ability to book Workspace and posts this Agreement.
In order to be able to use the Workspace, you first need to sign up for a day pass or membership with the Company, which you can do through the Website or Application. When signing up, you are obligated to provide the Company with your personal information and credit card data (which will be held and processed by our third party payment provider one day following your trial period, and each month you hold a membership thereafter). Upon successful completion of your sign-up with the Company, You will be provided with a personal account (an “Account”), accessible to you by a password of your choice. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Account.
The Website(s) provide a platform and set of services (“Services”) that are designed to provide access to various co-working office space assets (e.g. desks, conference rooms, etc., each hereafter individually referred to as a “Workspace”), to registered individuals (or in certain cases, companies) (hereafter “Users”) on a membership basis for a certain number of bookings per month in exchange for specified monthly membership fees.
You agree to be bound by and comply with any additional terms, conditions and policies provided by the owner, tenant, and property manager of the Workspace (collectively, the Building Owners) relating to the use of a specific workspace, including compliance with building security procedures, IT access and use procedures provided by the Building Owner (Venue Policies). The Venue Policies may be provided in electronic format through the Application, Website or in hardcopy format.
You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Website, Application, and Workspace. Without limiting the foregoing, for any reservation made through your Account, if other persons are present in the Workspace, you do hereby agree to be fully responsible and to indemnify the Company for any violation of this Agreement or applicable laws, by-laws or regulations, even if such violation was caused by such other persons.
REPRESENTATIONS AND WARRANTIES
By using the Website, Application or Workspace, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction which restricts the use of the Workspace because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website, Application and Workspace. Without limiting the foregoing, the Website, Workspace and Application are not available to persons under the age of 18. By using the Website, Application or Workspace, you represent and warrant that you are at least 18 years old. By using the Website, Application or the Workspace, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Website, Workspace and/or Application is for your sole, personal use. You may not authorize others to use your user status and/or password, and you may not assign or otherwise transfer your user account and/or password to any other person or entity. When using the Website, Application or Workspace, you agree to comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the Website, Application or Workspace.
You may only access the Workspace using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company reserves the right to terminate this Agreement should you be using the Application with an incompatible or unauthorized device.
By using the Website, Application or the Workspace, you agree that:
- You will only use the Website, Workspace or Application for lawful purposes.
- You will not use the Website, Workspace or Application for any illegal or inappropriate purposes, including but not limited to drug use, alcohol abuse, gambling, or any other purpose reasonably likely to reflect negatively on Evrywork or any Building Owner.
- You will not smoke or vape in the Workspace.
- You will not light or allow any candles, incense sticks or naked flames in the Workspace.
- You will not bring or keep any animals in the Workspace, except for (i) service or assistance animals, which shall at all times be harnessed, leashed, or tethered, or controlled through voice, signal, or other effective controls, or (ii) Workspace specifically noted as pet friendly on the Website and/or Application.
- You will not make excessive noise in the Workspace.
- You will follow all additional regulations regarding the Workspace, as may be communicated through the Application, Website, posted signs, or otherwise.
- You will not use the Website, Application or Workspace for sending or storing any unlawful material or for fraudulent purposes.
- You will not install, remove or modify any fixtures, equipment, machinery or appliances in the Workspace.
- Neither the Company nor any Building Owner is responsible for any property that is lost or stolen in a Evrywork Space.
- You may be held liable (and do hereby authorize the Company to charge you) for the repair cost for all damage to the Workspace and items therein during your use thereof.
- You may be held liable (and do hereby authorize the Company to charge you) for any items which are taken from the Workspace.
- You will not use the Website, Workspace or Application to cause nuisance, harassment, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Website, Workspace or Application in any way whatsoever.
- You will not copy, or distribute the Website, Application or other content without written permission from the Company.
- You will only use your password for the Website, Application and Workspace for your own use and will not resell or transfer it to a third party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Workspace.
- You will provide the Company and/or the Building Owner with whatever proof of identity we/they may reasonably request.
- You will only use an access point or wireless internet connection which you are authorized to use. Additionally, when using the internet within the Workspace, you shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of criminal acts, consumer fraud, etc.
- You do hereby acknowledge that there is a capacity limit as to the number of persons permitted in a Evrywork Space at any given time, and that such limit shall be posted on the Application or Website. You do hereby agree to adhere to such capacity limit.
You acknowledge that your use of the Workspace does not constitute the Company or the Building Owner granting you a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license on the terms of this Agreement. In its sole discretion and without limiting any of the Company’s other rights hereunder, the Company may restrict your access to the Workspace in the event of fraud, trespassing, or violation of this Agreement. Further, you recognize that Evrywork reserves the right to implement a fair use policy applicable to all members based on the determination of its required implementation due to fluctuating utilization.
REPAIR OR CLEANING FEES
You are responsible for the cost of repair for damage to, or necessary cleaning of, Workspace resulting from your violation of this Agreement or your use of the Website, Application, or Workspace in excess of normal “wear and tear.” In the event that the Company, in its reasonable discretion, determines that excessive repair or cleaning is required, the Company reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as well as an additional service fee which shall not exceed in Canada $500 Canadian Dollars, in the United States of America $500 US Dollars and in the UK £500 GBP per occurrence. Any such amounts are non-refundable and at the reasonable discretion of the Company.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable license to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense or assign the license rights granted in this section.
You will not use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Workspace, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by the Company.
LICENSE GRANTED BY USER
The Company may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Website, Workspace or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the Website, Workspace or Application. In connection herewith, you hereby renounce and waive in favour of Company any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website, Workspace or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website, Workspace or Application or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (App Store Sourced Application), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms and Conditions. Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES
The following applies to any App Store Sourced Application:
You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms and Conditions, which you are responsible to review from time to time.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website, Workspace or the Application in any way; (ii) modify or make derivative works based upon the Website, Workspace or the Application; (iii) create Internet “links” to, or “frame” or “mirror” the Website or Application on any other server or wireless or Internet-based device; (iv) reverse engineer the Website or Application, or access the Website or Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Website, Workspace or Application, or (c) copy any ideas, features, functions or graphics of the Website, Workspace or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website, Workspace or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Website, Application or Workspace or the data contained therein; or (v) attempt to gain unauthorized access to the Website, Application or Workspace or its related systems or networks.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Website, Workspace, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, Workspace and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Website, Workspace or Application.
The Company respects copyright law and expects its Users to do the same. It is Company’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Any fees which the Company may charge you for the use of the Website, Application or Workspace, will be as set out on the Website or Application at the time of purchase (taxes and other fees may be required in addition to the stated amounts). Evrywork Credits are non-refundable. Upon purchase of a monthly Evrywork membership, your credit card information will be taken immediately. Your credit card will be charged after the initial trial period, and on a recurring monthly basis thereafter (payments are taken for use of Workspace for the next monthly period). You may cancel your membership at any time by emailing info@Evrywork.com. If canceled during the free trial period, your payment information will be removed from the system and your credit card will not be charged. If canceled after the free trial period, you may use the space for the remainder of the monthly period, and will not be charged for any months thereafter.
You do hereby agree that when booking Workspace, you shall be charged fees based on the length of time of your booking (regardless if you only make use of the Workspace for less than your booked time). If you exceed the amount of time for which you booked an Evrywork Space, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another User’s booked time. You do hereby consent to such excess time charges and to overage charges.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Website, Workspace or Application as we deem necessary for our business. We encourage you to check back at our Website periodically to find out about how we charge for the Website, Workspace or Application.
INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Workspace and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or Workspace (collectively, “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and agree that the Company may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, Application or Workspace, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Website, Application Workspace are trademarks of the Company or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
During use of the Website, Application and Workspace, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Website, Application or Workspace. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the Website, Workspace or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Website, Application and Workspace to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Website, Application or Workspace and other mechanisms to subsidize the Website, Application or Workspace. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us in writing. The Company reserves the right to charge you a higher fee for the Website, Workspace or Application, as the case may be, should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at www.Evrywork.com. The Company may compile, release and disclose non-nominative information regarding you and your use of the Website, Application or Workspace as part of a customer profile or similar report or analysis, including, without limitation to third party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Workspace.
By entering into this Agreement and using the Website, Application or Workspace, you agree that you shall defend, indemnify and hold the Company, its licensors, applicable Building Owners and each of their parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Website, Application or Workspace, except in each case solely to the extent any of the foregoing arises directly from the gross negligence or willful misconduct of the Company or a Building Owner.
DISCLAIMER OF WARRANTIES
The company and building owners make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, safety, accuracy or completeness of the website, Workspace or application. The company and building owners do not represent or warrant that (a) the use of the website, Workspace or application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the website, Workspace or application will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of the Workspace, as well as any products, services, information, or other material purchased or obtained by you through the website or application will meet your requirements or expectations, (e) errors or defects in the website, Workspace or application will be corrected, or (f) the website, application or the server(s) that make them available are free of viruses or other harmful components. The website, Workspace and application is provided to you strictly on an “As is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, conformance with description or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company and building owners. The company and building owners make no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of the Workspace, as well as any services, products or goods obtained by third parties through the use of the website, Workspace or application. You acknowledge and agree that the entire risk arising out of your use of the website, application and Workspace, and any third party services or products remains solely with you, to the maximum extent permitted by law.
For greater certainty: (a) the locking mechanism used on the Workspace is provided by a third party, and the company and building owners shall have no liability whatsoever with respect to any failure of the locking system to work in its intended manner, including without limitation any loss or theft of your property; (b) the Workspace are located in buildings which are not owned or managed by the company, and the company makes no representations or warranties relating thereto.
Additionally, the company and building owners make no representation or warranty with respect to the suitability of any Evrywork space for any particular activity nor any activities that are carried on in the Workspace, and shall not be liable in anyway for such activities.
The company and building owners makes no representation regarding the wifi accessible in the Workspace, including with regard to access thereto.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The website and application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The company is not responsible for any delays, delivery failures, or other damages of whatsoever nature resulting from such problems.
LIMITATION OF LIABILITY
In no event shall the company’s, its licensors’ or any building owner’s aggregate liability arising out of or relating to this agreement or your use of (or inability to use) a Evrywork space, the website or application exceed the amounts actually paid by you to the company in the six (6) month period immediately preceding the event giving rise to such claim or the amount of fifty Canadian dollars (CAD$50) (if the liability arises in canada), fifty us dollars (if the liability arises in the us), whichever is greater. In no event shall the company, its licensors and/or any building owner be liable to you for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the website, Workspace or application, including but not limited to the use or inability to use the website, Workspace or application, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on or within the website, application or Workspace. The foregoing exclusions shall apply even if the company and/or its licensors or any building owner have been previously advised of the possibility of such damages.
Responsibility for the decisions you make regarding Workspace offered via the website or application (with all its implications) rests solely with you. The company will not assess the suitability, legality or ability of any such building owners or other third parties and you expressly waive and release the company and building owners, to the maximum extent allowable under applicable law, from any and all liability, claims, causes of action, or damages arising from your use of the website, application or Workspace, or in any way related to the third parties introduced to you by the website, application or Workspace.
The quality of the buildings in which the Workspace are located are entirely the responsibility of the building owners. You understand that by using the website, application and the Workspace, you may be exposed to locations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the website, application and the Workspace at your own risk.
To the extent applicable under local law, nothing in this agreement shall limit the company’s liability for (a) death or personal injury caused by the company’s negligence or the negligence of its employees, or (b) for fraud or fraudulent misrepresentation.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the company’s liability will be limited to the maximum extent permitted by law.
You may be required to rate certain aspects of your overall experience of the Workspace, which rating will be prompted through the Website or Application. If you do not participate in such rating when requested, the Company reserves the right (without limiting any of Company’s other rights hereunder) to restrict your access to the Workspace.
Additionally, if the Company, or if other Users, rate your usage of the Workspace as being below a threshold acceptable to the Company, in its sole discretion, then (without limiting any of Company’s other rights hereunder) the Company may restrict your access to the Workspace.
The Company may give notice by means of email to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice, and address any complaint or claim to the Company (such notice, complaint or claim shall be deemed given when received by the Company) at any time by means of email to info@Evrywork.com.
This Agreement may not be assigned by you (whether in whole or in part) without the prior written approval of the Company. This Agreement may be assigned without your consent (in whole or in part) by the Company, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
CONTROLLING LAW AND JURISDICTION – CANADIAN USERS
If you are a resident of Canada, this Section applies to you. If you are a resident of the U.S.A., the following Section applies to you instead of this Section.
General – This Agreement and any action related thereto will be governed by the laws of the Province of Alberta. Subject to the rest of this Section, the exclusive jurisdiction and venue of any action in relation to this Agreement will be the City of Calgary and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, in the event of the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Company may, at its discretion, institute legal proceedings in any jurisdiction (s) which is (are) deemed necessary or advisable.
Arbitration – You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, Workspace or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrators may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
CONTROLLING LAW AND JURISDICTION – UNITED STATES USERS
If you are a resident of the United States of America, this Section applies to you. If you are a resident of Canada, the previous Section applies to you instead of this Section.
In the event of the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Evrywork may, at its discretion, institute legal proceedings in any jurisdiction (s) which is (are) deemed necessary or advisable.
Class Action Waiver – YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS SECTION MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Time Limits – YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE, APPLICATION OR WORKSPACE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
By using the Website or Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree that the Company, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have with the Company or your use of Evrywork Space, and remove and discard all or any part of your account or any of your User Content, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Website, Application and Workspace, or any part thereof, with or without notice. You agree that any termination of your access to the Website, Evrywork Space, Application or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you. These remedies are in addition to any other remedies Company may have at law or in equity.
You may terminate this Agreement at any time by deleting the Application from your device, ceasing all use of the Website and Workspace and requesting the Company to cancel your account via email sent to info@Evrywork.com.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Website, Workspace or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Nothing in this Agreement allows any party who is not a party to this Agreement to have any rights under this Agreement nor be able to enforce this Agreement.
You hereby agree to the terms and conditions contained in the present Agreement.