TENANT AGREEMENT
Late Fee:
Monthly membership fees are due on the 1st of every month (the first month prorated).
5 Days Past Due: $25 late fee will apply 10 Days Past Due: $50 late fee will apply
Auto Bill:
We require all of our members to keep a credit card on file with us. Of course, we protect this information and keep it strictly confidential. Your monthly bill will be charged automatically through our online system, and you can cancel at any time.
Membership: month-to-month charge automatically, cancel anytime you want.
Dedicated Desk: based on leasing length, month-to-month charge automatically, a tenant should contact 2WP staff 14 days before canceling, $150 Setup fee.
Private Office: based on leasing length, month-to-month charge automatically, a tenant should contact 2WP staff 30 days before canceling, $300 Setup fee.
Membership Plan Services :
Gigabit Internet; Micro-roasted Coffee; Daily Cleaning; Front Desk Service; Community Managers; Weekly; Newsletter; Exclusive Events; Healthy Snacks by OhMyGreen; Private Phone Booths; Showers; Event Discount; Business-class Printers; Pitching Opportunities; NewDo Consulting Discount; Meeting Room Discount
House Rules
We're thrilled that you're a member of 2 Waters Park. We respect each other and we look out for each other. We care deeply about hardware industry and believe in the value of community. As important, we respect and take care of our space. Here's the big thing: as a member of 2 Waters Park, we (and your fellow members) encourage and expect you to take pride and ownership in your community.
Here's how:
1. The single biggest benefit of 2 Waters Park membership is access to your fellow members. We encourage 2 Waters Park members to make connections, collaborate, share ideas, provide advice, and make cool stuff happen. We support 2 Waters Park members to buy/sell goods and services from each other (except where prohibited under the Terms of Use). But members may NOT spend their days directly soliciting other members. It’s annoying and may result in cancellation of your membership.
2. 2 Waters Park is, first and foremost, a place to work. While we want our community to be: a) open, fun, and collaborative, we also want it to be b) professional. Members are responsible for adequately balancing a) and b).
3. Every person using 2 Waters Park MUST be a paid member. Exceptions: non-members can use 2 Waters Park if they are meeting 2 Waters Park members for business-related meetings or if the non-members have purchased a Day Pass. Members are accountable for the conduct of their guests.
4. 2 Waters Park, keys are NOT transferable. Please do not give your key to anyone else for any reason.
5. We expect members to keep the kitchen clean. Please do your dishes by either putting them in the dishwasher or hand-washing them and putting them in the dish rack. Please do your guests' plates.
6. Please label and date the food you put in the refrigerator. The friendly 2 Waters Park staff reserves the right to throw anything in the fridge away.
7. Access to conference rooms is one of the benefits of 2 Waters Park membership.
Here’s some stuff regarding conference rooms: a) If you want to use a conference room, you must reserve it. Please, no conference room squatting. Exception: open for use when not booked; b) Conference rooms are for meetings with customers, teammates, and clients ONLY.
If you want to hold an event at 2 Waters Park, please talk to the 2 Waters Park staff to discuss scheduling, guest policy, insurance requirements, and fees; c) Please clean up after using a conference room. If you rearrange the furniture in the conference room, we expect that you will return it to the original set-up when you’re finished.
8. The common areas are shared workspaces. Here’s how we can all happily and productively share these spaces together: a) The “main hall” space is for more open, collaborative work while the other common areas are for quieter, more focused work. b) Please make phone calls in the main hall space or designated call rooms. Speaker phones are never discouraged at 2 Waters Park, except when in a conference room or your private office. c) Please occupy only one spot at a time in the common area. Taking up multiple places limits the space available to your fellow members.
9. Members & Dedicated Desk tenants can access the space 9am-6pm, Monday-Friday (contact our staff if need exceptions); Office Tenants who have keys can access 24/7 under 2WP management.
10. We provide mail address & printing service; please contact our staff if needed.
11. You are free to use shared devices that provided by 2 Waters Park, however, you are liable for any damage to the devices.
12. Finally, we have a great staff at 2 Waters Park. Our job is to manage this fantastically innovative community. Got questions, ideas, or suggestions? Need help connecting, catalyzing, and creating? Interacting with our members is the best part of our job.
2 WATERS PARK TERMS OF USE
1. Acceptance of Terms. The services 2 Waters Park provides to you, the undersigned, (including but not limited to use of office space at 955 Alma st, Suite B Palo Alto, CA 94301, access to Internet, etc.), are subject to the following Terms of Use (“TOU”). 2 Waters Park reserves the right to modify and/or update the TOU (as well as the House Rules referenced in Section 3) at any time without notice to you.
2. Description of Services. 2 Waters Park may provide you with access to office space, workstations, internet access, office equipment, conference space, knowledge resources, and other services as 2 Waters Park may offer from time to time pursuant to the Application and 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 referenced in Section 3.
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 2 Waters Park server, or the network(s) connected to any 2 Waters Park 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 2 Waters Park 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 TOU (and all House Rules) 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: a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spamming 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 2 Waters Park 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 right 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 2 Waters Park property or Premises; n. Bring any pets onto the 2 Waters Park Premises, unless you have a specific approval; 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, 2 Waters Park requests that all members, guests, and clients turn their phones to vibrate while in the Premises. We also ask that you use a phone booth or meeting room for calls longer than three minutes; or p. Otherwise violate the Member Agreement, this TOU or any of the House Rules.
5. 2 Waters Park Required Disclosures. 2 Waters Park reserves the right at all times to disclose any information about you and/or your participation in and use of the Services as 2 Waters Park 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 2 Waters Park’ sole discretion.
6. Confidentiality. 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 2 Waters Park 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 2 Waters Park, any analyses, compilations, studies or other documents prepared by 2 Waters Park 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; ii. Not to disclose Confidential Information to any third parties; iii. Not to use Confidential Information in any way directly or indirectly detrimental to 2 Waters Park or any participant or user of the Services. c. All Confidential Information remains the sole and exclusive property of 2 Waters Park 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 2 Waters Park 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 of your own free will and decision. You acknowledge that 2 Waters Park 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, 2 Waters Park 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.
9. Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 2 Waters Park 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 2 Waters Park, AND EVEN IF 2 Waters Park HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 2 Waters Park 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. 2 Waters Park reserves the right to terminate any Service at any time. 2 Waters Park 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 or House Rules. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY 2 Waters Park NOR THIS AGREEMENT SHALL IN ANY MANNER CONSTITUTE A LANDLORD/TENANT RELATIONSHIP, AND 2 Waters Park 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.
12. Non-Disparagement. You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding 2 Waters Park, or any of 2 Waters Park’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
13. Indemnification. You release, and hereby agree to indemnify, defend and save harmless 2 Waters Park and 2 Waters Park’s 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 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 2 Waters Park or its respective officers and agents in connection with the defense of such claim or lawsuit.
14. Insurance. As required by the owner of building located at 955 Alma st, Suite B Palo Alto, CA 94301, 2 Waters Park carries Liability and Business Personal Property insurance. 2 Waters Park 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 2 Waters Park
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, in any, or near the glass or any window, door, partition or wall which may in 2 Waters Park' judgment, appear unsightly from the common areas or from the outside of the building in which the Premises are situated (“Building”). b. The sidewalks, halls, passages, exits, entrances, elevators 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, elevators, stairways, balconies and roof are not for the use of the general public and 2 Waters Park shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of 2 Waters Park, 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 Building. 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 born 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 are, however, 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 2 Waters Park
g. 2 Waters Park 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 2 Waters Park The locations of telephones, call boxes and other office equipment affixed to the Premises are determined by 2 Waters Park, in its sole discretion. h. Upon the termination of Services, you shall deliver to 2 Waters Park 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 2 Waters Park therefore. You shall not make, or cause to be made, any such keys, you shall order all such keys solely from 2 Waters Park and you shall pay 2 Waters Park for any additional such keys over and above the set(s) of keys originally furnished by 2 Waters Park i. 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 2 Waters Park j. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevator or stairs, except between such hours and in such elevator and stairwell as shall be designated by 2 Waters Park k. You shall cause all doors to the Premises to be closed and securely locked before leaving the Building. l. Without the prior written consent of 2 Waters Park, 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 business. m. You shall cooperate fully with 2 Waters Park 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. You shall keep corridor doors closed. n. Except for 2 Waters Park'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 secured. o. Except with the prior written consent of 2 Waters Park, 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 2 Waters Park p. 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 2 Waters Park' prior consent. q. All freight must be moved into, within and out of the Building under the supervision of 2 Waters Park and according to such regulations as may be promulgated by 2 Waters Park All moving of furniture or equipment into, within or out of the Building by you shall be done at such time and in such manner as directed by 2 Waters Park or its agent. r. On Sundays, federally observed holidays and on other days during certain hours for which the Building may be closed after normal business hours, access to the Building or to halls, corridors, elevators, stairways will be controlled by 2 Waters Park through the use of a card key system. This system will verify any and all persons seeking access to the Building through the use of proper identification to determine if they have rights of access to the Premises. 2 Waters Park shall in no case be liable for damages wherein admission to the Building has not been granted during abnormal hours, or through the failure of the Building to be unlocked and open for access by you, your employees and general public. Nothing contained herein shall obligate 2 Waters Park to provide such card system or to make 2 Waters Park liable for any act or omission or failure of such system and the keys which may be provided. s. You shall not change locks or install other locks on doors without the prior written consent of 2 Waters Park t. You shall give prompt notice to 2 Waters Park 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. u. No safes or other objects larger or heavier than the freight elevators of the Building are limited to carry shall be brought into or installed on or in the Premises. 2 Waters Park shall have the power to prescribe the weight and position of such safes or other objects which shall, if considered necessary by 2 Waters Park, be required to be supported by such additional materials placed on the floor as 2 Waters Park may direct, and at your expense. In no event can these items exceed a weight for which the floor is designed. v. Internet Policy: Wireless access to The Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. 2 Waters Park 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 2 Waters Park 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 2 Waters Park reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, login name, or password that you use on our network. 2 Waters Park may change your address, login name or password at any time. 2 Waters Park 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 2 Waters Park 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: a. violating any applicable law or regulation; b. Posting or transmitting content you do not have the right to post or transmit; c. Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; d. 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; e. Attempting to intercept, collect or store data about third parties without their knowledge or consent; f. Deleting, tampering with or revising any material
posted by any other person or entity; g. Accessing, tampering with or using non-public areas of the Service or any 2 Waters Park or related website, computer systems or network; h. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; i.
Attempting to access or search the Service or any 2 Waters Park or related network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by 2 Waters Park or other generally available third party web browser; j. Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail"; k. Using the Service or any 2 Waters Park or related website or network to send altered, deceptive or false source-identifying information; l.
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 2 Waters Park or related website or network; m.
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 2 Waters Park or related website or network, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any 2 Waters Park or related website or network; or n. Impersonating or misrepresenting your affiliation with any person or entity. If 2 Waters Park suspects violations of any of the above, 2 Waters Park 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 2 Waters Park in investigating suspected violations. w. You shall not install, maintain or otherwise locate at 2 Waters Park any computer server of any kind, whether hardware or software.
16. Miscellaneous. 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. Severability. 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. Waivers. No waiver shall be binding on 2 Waters Park unless executed in writing by an authorized representative of 2 Waters Park d. Successors and Assigns. This TOU, the Member Agreement and House Rules shall be binding on your heirs, legal representative, 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 2 Waters Park f. Notice. 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 2 Waters Park: 2 Waters Park Drive, Suite 250, San Mateo, CA 94301 Attn: Ms. Diane Ding, Partner. 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: (a) forty-eight (48) hours after deposit in the U.S. Mail, postage prepaid, registered or certified mail, return receipt requested;
(b) Upon delivery, if delivered in person to the address set forth above; or (c) 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 2 Waters Park 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 suit 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 of 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
California. Venue for the resolution of any dispute arising out of this TOU, the Member Agreement or House Rules shall be Alameda County, California. i. Modification. 2 Waters Park may in its sole discretion, upon written notice, change the Terms of Use and House Rules.
I authorize 2 Waters Park to debit my credit card monthly, for the agreed upon membership rate. Additionally, I authorize 2 Waters Park to debit my credit card for any fees incurred for services I have used in the preceding month. Plans start once you sign up and are billed monthly.
These debit entries will be made in the payment of fixed and variable expense invoices as authorized by us upon becoming a member of 2 Waters Park. You will be responsible for notifying 2 Waters Park of any exception I (we) might have to these charges as documented by the invoices provided to me (us) each month. Such notification must be submitted to 2 Waters Park no later than the 5th of each month. Without the provision of such information, 2 Waters Park is authorized to proceed with the transactions against this account for payment in full of the number of invoices provided. This authorization is to remain in full force and effect until 2 Waters Park has received written notice from me (us) of termination of services through Haxis Labs in such time and manner as to afford 2 Waters Park a reasonable opportunity to act on the completion.
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.
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