Terms of Use

IMPORTANT INFORMATION REGARDING PRIVACY AND TERMS OF USE

EZ SPACES, LLC (“Company”) is committed to establishing a clear understanding of its relationship with customers (“Customers”), including the terms under which services (“Services”) are available and the protection of privacy through this website (“Website”). The Customer’s access to the Website, whether or not you are a registered user, is governed by the and . To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Terms of Use shall govern.

If you have questions or concerns regarding this Agreement, you should first contact EZ SPACES, LLC at [email protected] and fully resolve such before you utilize this Website in any manner. In addition to your formal acknowledgment, your access to the Website and/or use of Services constitutes your agreement to be bound by the terms of this Agreement.

GENERAL PROVISIONS APPLICABLE TO THE PRIVACY POLICY AND TERMS OF USE

Changes to the Privacy Policy and/or Terms of Use

EZ SPACES, LLC may from time to time change the Privacy Policy, Terms of Use, and/or General Provisions. Should the Customer continue to access the Website and/or use the Services after such changes have been made, such participation shall constitute Customer’s agreement to be bound by the Agreement as then amended. In the event that the Customer chooses to not accept this Agreement as amended, then the Customer agrees to refrain from any access to the Website and to cease using the Services. No forbearance or failure by EZ SPACES, LLC to enforce any right hereunder shall be deemed a waiver thereof or an amendment to this Agreement. No action by a Provider or statement by any person other than the Managing Partner of EZ SPACES, LLC shall operate to amend the terms of this Agreement.

Assignment

EZ SPACES, LLC may assign its rights and obligations under this Agreement as a result of any sale, merger, or other transfer, in whole or any part, of EZ SPACES, LLC, and/or to any parent, subsidiary, or any affiliate. Customer may not assign any rights and obligations hereunder.

Entire Agreement

This Agreement constitutes the entire agreement between the Customer and EZ SPACES, LLC; there exist no verbal or other written agreements, promises, and/or inducements. If any provisions of this Agreement are determined invalid or unenforceable, the subject provision shall be reformed to reflect, as nearly as possible, the original intentions of the parties as consistent with applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.

EZ SPACES, LLC Company Status

EZ SPACES, LLC is an Arizona limited liability company. Certain activities may be conducted in various jurisdictions by other companies with which EZ SPACES, LLC may from time to time contract or be affiliated. Any and all claims and demands of a Customer shall be exclusively limited to the entity of EZ SPACES, LLC and/or such other limited liability entities involved in providing particular Services. In no event shall any claims and/or demands by made upon, and/or liabilities or judgments attach to, the respective officers, shareholders, members, partners, employees, and/or agents of EZ SPACES, LLC and/or such other limited liability entities involved in providing particular Services.

Choice of Law; Dispute Resolution

This Agreement shall be subject and interpreted according to the laws of the State of Arizona. It is the hope of EZ SPACES, LLC that any issues and concerns will be quickly and amicably resolved. In the event that a Customer feels that a matter exists, contact should be made to [email protected]. However, should the matter remain unresolved, then, at the election of EZ SPACES, LLC in its sole and absolute discretion, such shall be subject to binding arbitration before the American Arbitration Association, with proceedings to be conduct in Gilbert, Arizona. The subject matter before the arbitration tribunal may include claims for monetary damages, and equitable and injunctive relief. The arbitration tribunal shall consist of one arbitrator, the decision or award of whom shall be final and binding and upon which judgment may be entered in any competent court, expressly including such sitting in the County of Maricopa, State of Arizona. Notwithstanding the foregoing, Customer shall not look to EZ SPACES, LLC to resolve any disputes with a Provider (defined in the Terms of Use).

TERMS OF USE

The following are the terms of use (“Terms of Use”) of this Website currently in effect as of the date written above, subject to amendment. Together with the and , such constitutes the Agreement between EZ SPACES, LLC and the Customer . Before proceeding to access the Website and/or use any Services, a Customer must ensure that all provisions are read, understood, and agreed.

EZ SPACES, LLC Services; Other Providers

It is expressly understood and agreed that the Services of EZ SPACES, LLC are strictly limited to the Website, and that such Services shall not include any and all services offered and/or provided to a Customer by any third-parties, including but not limited to landlords, brokers, tenants engaging in subtenant transactions, and any and all other persons associated therewith (“Providers”). EZ SPACES, LLC maintains no control or oversight over any Providers and Providers’ services and can neither warrant or guarantee nor be liable for such in any manner. No contract, agreement, or other arrangement, whether written, verbal, implied, statutory or otherwise, between a Customer and a Provider shall be deemed to obligate EZ SPACES, LLC in any manner, extent, or degree and EZ SPACES, LLC expressly disclaims such.

Acceptance of Terms

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which term also incorporates the Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference and each of which may be updated by Company from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use.

Use by this reference

The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use

Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a revision date on such pages. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Registration

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and screen name (“User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

EZ SPACES, LLC shall not be liable for your interactions with any organizations and/or individuals found on or through the EZ SPACES, LLC Services. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on EZ SPACES, LLC. EZ SPACES, LLC is not responsible for any damage or loss incurred as a result of any such dealings or interactions conducted with other Members that may subscribe to Companies Services. All dealings are solely between you and such organizations and/or individuals. EZ SPACES, LLC is under no obligation to become involved in disputes between Members and any third party. In the event of a dispute, you release EZ SPACES, LLC, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Fees and Payments

When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to that policy are effective after we provide you with notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, free day pass) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

You are responsible for paying all fees and applicable taxes associated with your use of the site. In the event your information is removed from the Service for violating the Terms of Use, all fees paid will be non-refundable, unless in its sole discretion EZ SPACES, LLC determines that a refund is appropriate.

Customer Client Payments; EZ SPACES, LLC Credit Card Information

From time to time clients of Customer may contract with Customer for provision of services by Customer (by example and not limitation, use of shared space, conference rooms, lockers, telephones, keycards, and other items) (“Customer Client Services”). The EZ SPACES, LLC Services may from time to time include the functionality of collecting and storing credit card and similar information from Customer’s clients. A further functionality may include the ability to initiate a charge upon that credit card or similar account for Customer Client Services ordered by a Customer client, based upon the Customer fees and rates then in effect. Customer shall ensure that it complies with the terms of agreement between Customer and its client in the timing and amount of such charge, including but not limited to whether such charges may be made without such client’s separate consent for each item of Customer Client Services, and indemnify, defend, and hold EZ SPACES, LLC harmless from any breach of such agreement, credit or debit card processing and/or issuing agreements, and/ or violation of applicable law.

Third Party Sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness, security or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Content and License

You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Intellectual Property Rights — Users

The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:

Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Termination

Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OR (IV) FOR ANY AND ALL INJURIES, DEATH, LOSSES, COSTS, AND EXPENSES INCURRED BY YOU AND/OR ANY PERSON CLAIMING BY OR THROUGH YOU.

International

Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Electronic Delivery/Notice Policy and Your Consent

By using the Services, you consent to receive from EZ SPACES, LLC all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Contract Notices”) electronically. EZ SPACES, LLC may provide such electronic Contract Notices by posting them on the EZ SPACES, LLC Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the EZ SPACES, LLC Site and Services.

Integration and Severability

The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

rev: 11/01/2024