General Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL COWORKING MEMBERSHIPS:

1. GENERAL TERMS: a) All memberships (with exception of dedicated offices) are on a first come, first served basis. Dedicated office memberships are on a rolling application basis. b) All activity inside the Jay Hurt Hub for Innovation and Entrepreneurship at Davidson College (“The Hurt Hub”) should be of a legal business nature only. Any non-business use is reason for immediate membership revocation. c) Members are not allowed to make retail sales from The Hurt Hub facility, nor are members allowed to operate any manufacturing equipment of any kind inside The Hurt Hub. d) All members must comply with all legal requirements to obtain applicable municipal and/or state/county business licenses and any required professional licenses. Members must provide copies of such licenses to representatives of Davidson College upon request.

2. DESCRIPTION OF SERVICES: Davidson College provides you with access to office space, work stations, Internet access, office equipment, conference space, knowledge resources, and other services that may be offered from time to time (collectively, “Services”). The Services at all times are subject to the Terms and Conditions.

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. You may not use the Services in any manner that could damage, disable, overburden, or impair any Davidson College server, or the network(s) connected to any Davidson College 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 Davidson College 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 may also not use Davidson College desktop computers in The Hurt Hub, which are exclusively available for Davidson students, faculty and staff.

4. AUTHORIZATION: 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 agreement and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement, or other instrument or obligation to which you are a party.

5. INTERNET POLICY: Wireless access to the Internet is provided during your membership. Hardwired data ports may be requested on a charge basis to the member. Service interruptions, if they occur, will be handled as promptly as possible. Davidson College 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. Davidson College is not responsible for any security breach of your computer or your data. 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, or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches these Terms and Conditions and may constitute fraud or theft, for which Davidson College reserves all rights and remedies. You have no proprietary ownership rights to a specific IP or other address, log-in name, or password that you use on our network. Davidson College may change your address, log-in name, or password at any time. Davidson College will assign you an IP address each time you access the Service and it will vary. You may not assign your WiFi password to any other person.Guests of members are asked to use the Guest network.

6. CODE OF CONDUCT: You agree that when participating in or using the Services, you will NOT: a) Use the Services in connection with contest, pyramid schemes, chain letters, junk email, 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 Davidson College Services. 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 won 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 use from using and enjoying the Services; i) Violate any code of conduct or other guidelines which may be applicable for any particular Service (including rules for Davidson College); 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; and l) Create a false identity for the purpose of misleading others.

7. COMMUNITY PROTOCOL: Member agrees to the following: a) To use The Hurt Hub facility to conduct only legal business activities. b) To be mindful and courteous to fellow coworking members, Davidson College students, faculty and staff and others utilizing and sharing the space. c) To abide by any health or safety guidelines, as issued by Davidson College. d) To be responsible for any damage to the facility, equipment and contents (i.e. furniture) of any Davidson College facility caused by Member or Member’s guests. Any damage must be reported to a Davidson College representative immediately. e) To leave the space in proper order, with all paper, cups, trash, etc. disposed of in trash or recycling receptacles. f) To promptly report any conflicts that arise between Member and other members to a Davidson College representative.

8. 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 Davidson College 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.

9. MONTHLY MEMBERSHIPS: Monthly memberships are billed on the first of every month. Payment constitutes membership renewal. All payments are non-refundable. Failure to timely pay the membership fee will result in fees and/or immediate termination of Member’s membership and termination of access to the facility.

10. CANCELLATION BY MEMBER: Monthly memberships will automatically be renewed until such time as the member gives written notification to the Community Manager of their intent to cancel. Cancellations will take effect 15 days after the member provides written notice to the Community Manager. Dedicated office memberships must give a 30-day cancellation notice to avoid being charged for the next month.

11. TERMINATION BY DAVIDSON: Davidson College has the right to deny or terminate memberships as it deems necessary for any reason whatsoever provided reasonable notice of such termination is provided to the Member. However, to the extent these Terms and Conditions provide for immediate termination of membership, no additional notice must be provided to the Member whose membership is terminated. Member agrees to promptly remove any of Member’s property from the facility upon notice of termination of membership. Davidson College reserves the right to revoke campus privileges including use or occupancy of any of its buildings, of any occupant whose conduct, in Davidson College’s opinion, becomes injurious or potentially injurious to the Davidson College community.

12. SMOKING: Smoking is not permitted in the The Hurt Hub facility, nor anywhere outside the building, including the outdoor patio, front sidewalks, and parking lot. Smoking is only permitted in the designated smoking area, located outside The Hurt Hub in the rear of the building, near the loading dock.

13. INDEMNIFICATION: To the maximum extent possible permitted by applicable law, Davidson College is not liable to Member in respect of any loss or damage Member suffers in connection with its membership agreement, with the services provided, or with Member’s accommodations unless Davidson College has acted with gross negligence in causing that loss or damage. In no event will Davidson College be liable for any loss or damage until the Member provides Davidson College with written notice and gives Davidson College a reasonable time to cure. In no event will Davidson College be liable for any loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims, or any consequential loss unless Davidson College otherwise agrees in writing. Member shall agree to release, indemnify, and hold Davidson College and its trustees, employees, students, and agents harmless from any claims, damages, losses, or expenses related to personal injuries, property damage, lost or stolen items, or other liabilities that may be incurred during Member’s use of the co-working space. Davidson College shall not accept responsibility for theft or other loss of money, valuables, or personal effects of Members or their respective guests. Member shall agree to defend, indemnify, and hold Davidson College and its trustees, employees, students, and agents harmless from and against any damages, loss, claim, suit, and expense, including attorneys’ fees and legal expenses, occasioned by or arising out of any claim for death, damage, or otherwise, which results from any act of omission of Member or Member’s guest while on or near the co-working space, Member’s use of the co-working space, any defect or alleged defect in The Hurt Hub@Davidson, or the fault or negligence of Davidson College.

14. ROOM RESERVATIONS: Certain membership plans provide a monthly meeting room use allowance. Members whose plans include a room allowance must schedule the use of any room or space through Davidson College’s online reservation system. If a Member would like to reserve spaces in excess of their monthly room allowance, they will be charged separately for those hours, with the Member discount. Only business-related activities are permitted in the The Hurt Hub meeting rooms. Event spaces may be used to host social events and other non-business gatherings. Unused monthly allowance of room cannot be accrued or transferred. Members can make room reservations in advance, as well as on-demand bookings (only if a space if available for the time needed). For any advance reservations, “No-Shows” will be charged for the full time the room was reserved. Reservations can be cancelled up to 4 hours in advance without incurring “no-show” charges.

15. BUILDING SECURITY: Davidson College is not responsible for the security of any member or its guests. Member acknowledges its own responsibility for its security at all times while in or near the Davidson College facility. Davidson College Campus Police will make regular rounds in the facility, but is not present at all times. Except for Davidson College’s gross negligence, members assume full responsibility for protecting the building from theft, pilferage, and robbery, which includes keeping doors locked and other means of entry to the building closed and secured.

16. BUILDING ENTRY: Dedicated office, dedicated desk and flex space members will have card access to The Hurt Hub facility 7 days per week from 6:00 am to 11:00 pm. The Hub Club and Mailbox Only members are able to enter the building between 8:00 am and 5:30 p.m. Monday through Friday through the front entrance, except for standard holidays and special occasions. Members with access cards agree to keep those cards secured and confidential at all times and refrain from sharing them with any other party whatsoever. Any member who does so will be subject to immediate termination of membership. Non-members and visitors can enter the building during staff hours only, 8 am – 5:30 pm, unless they are an invited guest of a member and the member is present.

17. PRINT/COPY/SCAN MACHINE: Use of the print/copy/scan machine in the coworking area is available to all space users both member and non-member. Members receive a predetermined number of free black and white and color copies per month after which members submit self-payment online. Non-members submit self-payment online. Prices for prints/copies/scans will be posted in the copy center. Unused monthly allowance of prints/copies cannot be accrued or transferred.

18. MAIL: Members may use the mailing address of The Hurt Hub (210 Delburg Street, Davidson NC 28036) for all business-related correspondence needs. To receive mail, Members are asked to set up an interior mailbox as part of their membership plan. Mailboxes are included in dedicated office plans, but are available at an additional monthly charge for all other plan types.

19. POSTAGE: Members can purchase First Class/Forever stamps at the Reception Desk, keeping in mind that a limited supply is kept on hand. For large quantities, or denominations other than First Class postage, Davidson College recommends visiting the Main Street location of the US Post Office. Stamps can also be ordered online.

20. SHIPPING AND RECEIVING: Davidson does not offer any outbound shipping services on-site. However, Davidson encourages members to use the Main Street location of the US Post Office, as well as other pick-up services from carriers like FedEx and UPS. Inbound deliveries (by carriers) are permitted to enter the building Monday through Friday 8am-5:30pm. However, it is not guaranteed that a Davidson College staff member will be available to receive the delivery on Member’s behalf. Members are encouraged to include their cell phone number in shipping details, to ensure proper delivery at The Hurt Hub.

21. RECEPTION SERVICES: If a call is received for a Member at the Front Desk (typically staffed by the Community Manager or intern), a message will be forwarded to the member by email. Members are required to meet their guests in the main lobby entrance to provide access to the building and direct them to the correct meeting space. Members are asked to notify the Community Manager (or designated staff) when they are expecting special guests so they can be directed according to the member’s wishes.

22. PERSONAL DEVICE USE: In the interest of maintaining a peaceful, productive environment, Davidson College requires that all Members and guests turn any disruptive sounds off on their phones, tablets, laptops and other such mobile devices while at The Hurt Hub. For any phone calls lasting longer than 3 minutes, please use the dedicated Phone Rooms.

23. PHONE ROOMS: Phone Rooms (located in the back of the coworking area) are set aside for private telephone conversations. These rooms may not be reserved, and members must be respectful of other members who may also need to use the space by keeping their use to the minimum time necessary. It is expected that members will use their own mobile devices for these calls. One of the phone rooms is also set up to provide nursing mothers with privacy. Priority must be given to women who need the room for that purpose.

24. INSURANCE: Davidson College carries Liability and Business Personal Property insurance. Davidson College’s insurance does not extend any coverage to coworking members. Member is responsible for arranging insurance for its own property which it brings into the facility and for its own liability to its employees and to third parties, and it is strongly recommended that Member put such insurance in place.

25. GUESTS AND VISITORS: Member assumes full responsibility for the acts of its members and guests using The Hurt Hub and agrees to reimburse Davidson College for any and all damages to facilities, equipment, or furniture, charges for false fire alarms ($200 per incident), charges for lost access cards, and fines for violation of Davidson College regulations.

26. TEMPERATURE: The temperature is preset and not adjustable by wall units through the facility, so please do not attempt to adjust it. Attempting to do so is a specific violation of this Agreement that may result in immediate termination of membership. If adjustment is required, please contact our Community Manager.

27. SIGNS: Space is provided on the Member Wall for each member to display their name, photograph, brief profile, and business affiliation. Other than this provision, Member shall not display any sign on the exterior or interior of the facility without the prior written permission of Davidson.

28. WARRANTY: Member specifically recognizes and acknowledges that any business venture to be undertaken by Member depends upon the ability of Member as an independent businessperson, as well as other factors, such as market and economic conditions, beyond the control of Davidson College and Member. Member acknowledges success or failure of Member’s business enterprise will be dependent upon the business acumen and diligence of Member. Member specifically recognizes and stipulates that success or failure of Member’s business will not depend on the performance of Davidson College or its affiliates under these Terms and Conditions, and Davidson College makes no representation or warranty whatsoever as to the success of Member’s business.

29. AFFILIATIONS, MARKS AND LOGOS: Members may not, without the prior written consent of the named entity, use any of the following names in any advertising, brochures, or promotional materials: The Hurt Hub@Davidson and Davidson College, including any college-owned marks or logos. Members may reference The Hurt Hub as their place of business, and describe the nature of the community as it relates to their own business. Images of The Hurt Hub may be showcased on Member websites or other marketing materials, so long as Member has received written permission from Davidson College and included proper credit attributions.

30. NONDISCRIMINATION POLICY: Member is advised of Davidson College’s nondiscrimination and non-harassment policies and agree to abide by the same: www.davidson.edu/non-discrimination-policies/non-harassment-policy

31. FACILITY USE: Members may not place anything, or allow anything to be placed, in the common areas, in any office or meeting space, or near the glass or any window, door, partition or wall which may in Davidson College’s judgment, appear unsightly from the common areas or from the outside of the building. The sidewalks, halls, passages, exits, and entrances shall not be obstructed or used for any purposes other than for ingress to and egress from the building. The halls, passages, exits, and entrances are not for the use of the general public and Davidson College shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of Davidson College, reasonably exercised, shall be prejudicial to the safety, character, reputation and interests of the building. Members shall not cause any unnecessary janitorial labor or services by reason of their carelessness or indifference in the preservation of good order and cleanliness. Members shall not bring upon, use or keep in 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 Davidson College. Davidson College shall have sole power to direct electricians as to where and how telephone, internet and other wires are to be introduced. No boring or cutting of wires is to be allowed without the consent of Davidson College. The locations of telephones and other office equipment affixed to the premises are determined by Davidson College at its sole discretion. You shall cause all doors to the building to be closed and securely locked before leaving, especially after staff hours. Members shall not bring furniture, equipment, machinery or appliances into the building without prior written approval by Davidson College. Members shall not change locks or install locks on doors or cabinets without prior written approval by Davidson College. Members shall give prompt notice to Davidson College 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. Members shall not install, maintain or otherwise locate at Davidson College any computer server of any kind, whether hardware or software without Davidson College’s permission. Any violation of the above stated regulations regarding facilities may result in immediate termination of membership. Any and all damage to the facility or its furniture, fixtures, equipment, structured cabling, or AV systems, other than ordinary wear and tear and damage by fire or other insured casualty, caused by or resulting solely from Members’, and/or its guests’ negligence and/or willful misconduct shall be promptly repaired, restored, or replaced by Davidson College and such costs associated in connection with the repair, restoration or replacement shall be borne by the Member and reimbursable to Davidson College.

32. ALCOHOL USE: Members may not bring alcoholic beverages into the building, without prior permission from Davidson College staff. At its discretion, Davidson College may provide complimentary beer (served through a communal beer tap) for Members and their invited guests. Members and guests must be 21 years of age to consume, and any Members choosing to consume must do so responsibly. If Members use the beer tap to serve themselves, they must lock the tap afterwards. Davidson College reserves the right to remove this amenity at any time for any reason or no reason. Additionally, Davidson College or external groups may use the building to host events that include the sale or service of alcohol.
    Without limiting the foregoing, neither Davidson College nor any of its Members shall serve or permit service of alcohol to anyone under the age of 21. A violation of this policy will result in immediate termination of your membership.

33. PARKING: Members and invited guests shall have the nonexclusive right to use the parking lot adjacent to The Hurt Hub. Parking availability is not guaranteed. Vehicles should not be parked in spaces marked Reserved and should not be left in the parking lot for long-term parking. Member understands and agrees that Davidson College may at any point during the term of this Agreement implement parking policies that would affect Member’s and its invited guests’ ability to use the parking lot, including, but not limited to, a parking permit program. Parking regulation and enforcement is administered by Davidson College Campus Police and all Members agree to adhere to the college’s rules and regulations. Members shall receive a parking pass hang tag at enrollment. Hang tags must be displayed in the front windshield of an owner's vehicle when on site. Upon enrollment, all Members shall receive a copy of The Hurt Hub’s Parking Rules and Regulations (which may be amended from time to time). By agreeing to these Terms and Conditions, Member agrees to abide by those rules and regulations, including any updates or changes that are communicated by Davidson College staff. Members are not required, but it is strongly suggested that they carry an insurance policy to cover their own motor vehicle, equipment and personal property when using our space.

34. CASUALTY: Member shall use every reasonable precaution against fire damaging the facility. In the event of fire or other casualty, Davidson College shall, in its sole discretion, decide whether to repair or reconstruct the facility. If Davidson College determines to reconstruct the facility, the Member shall be entitled to a refund of relevant membership fees, until reconstruction of the damaged space is complete. If Davidson College decides not to repair or reconstruct, then the term of this Agreement shall cease, this Agreement shall terminate, and the Parties shall make a final accounting and payment of outstanding fees and membership reimbursements.

35. COVID-19: Member acknowledges and understands that, during the COVID-19 pandemic, the services may be affected by Davidson College’s compliance with health and safety guidance. Member agrees to comply with any COVID-related rules or regulations put in place by Davidson College, as well as with all state law, including the Governor’s emergency orders.
    Member acknowledge that COVID-19, the illness caused by the “novel coronavirus”, is an extremely contagious virus that spreads easily through the air by coughing or sneezing, person-to-person contact including touching and shaking hands or through touching your nose, mouth or eyes before washing your hands. The World Health Organization (WHO), The Center for Disease Control (CDC), and additional Federal, State and local health agencies recommend social distancing as one of the means to limit or slow the spread of the virus. Complications of COVID-19 may include severe illness, long term or permanent disabilities, worsening of existing chronic medical conditions or death. Member understands that using The Hurt Hub facility could increase the risk of contracting COVID-19. Member understands and agrees that Davidson College makes no representations whatsoever that COVID-19 exposure or infection will not occur through accessing The Hurt Hub facility. Member fully and unconditionally release and forever discharge and covenant to hold harmless Davidson College and its trustees, employees, students, and agents from any and all claims, actions, causes of action, suits at law or in equity, demands, judgments, damages, and controversies that Member now has or ever has had or ever will have, whether known or unknown, whether now accrued or hereafter maturing or accruing, whether for personal injury, property damage, or other economic loss, emotional distress, punitive damages, or otherwise on account of, or connected with, contracting COVID-19 or being exposed to COVID-19 as a result of the Member’s use of The Hurt Hub facility.

36. MISCELLANEOUS: These Terms and Conditions shall be construed in their entirety according to their plain meaning and shall not be construed against the party who provided or drafted them. All of the terms, provisions, and conditions shall be deemed to be severable in nature. If for any reason any provision of these Terms and Conditions is held to be invalid or unenforceable to any extent, then, to the extent that such provision is valid and enforceable, a court of competent jurisdiction shall construe and interpret these Terms and Conditions to provide for maximum validity and enforceability of such provision, and such ruling shall not affect the validity and enforceability of the remaining Terms and Conditions. In the event of any default by Member as to any duty, warranty, or undertaking owed to Davidson College, which default results in efforts by the non-defaulting party to remedy same (whether a lawsuit is filed or not), Member shall pay, in addition to such other sums as may be due under these Terms and Conditions, all costs and expenses, of such efforts, including, but not limited to, reasonable attorney’s fees. No right or remedy conferred upon or reserved to a party in these Terms and Conditions or any document or instrument delivered in accordance with these Terms and Conditions is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given under these Terms and Conditions or any document or instrument delivered in accordance with these Terms and Conditions or now or hereafter existing at law or in equity or otherwise. The assertion or exercise of any other right or remedy under these Terms and Conditions or otherwise shall not prevent the concurrent assertion or exercise of any other available right or remedy. The laws of the State of North Carolina shall govern the validity of these Terms and Conditions, the construction of these Terms and Conditions, the interpretation of the rights and duties of the parties, the enforcement of these Terms and Conditions, and all other matters relating to these Terms and Conditions. The representations, warranties, and covenants made pursuant to and contained in these Terms and Conditions shall survive the execution and delivery of these Terms and Conditions and the consummation of the transactions contemplated in these Terms and conditions. Any obligation of a party that contemplates performance of such obligation after termination or expiration of these Terms and Conditions shall be deemed to survive such termination or expiration.