Terms and Conditions
General Terms and Conditions
The Root Coworking offers a shared, community-driven workspace for location-independent workers. It exists because of you and for you. As a member, you will not just be a customer of The Root; you’ll be an active part of what The Root is and does for you and for others within the community.
Membership Features Below are some, but not all, of the benefits members will receive as part of their membership:
- Access to high-speed wired and wireless internet.
- Use of conference rooms (as available).
- Free admission to events held in the space.
- Normal operating hours are between 8:00am – 5:00pm Monday thru Friday, except holidays.
- Free Parking in the building parking lot, depending on availability.
- Free unlimited coffee and other refreshments.
- Printing and copying services.
- Fully furnished workspace.
- All membership fees are due on the first day of each month.
- The Root Coworking reserves the right to charge late fees and/or withhold services if payments are not received on time.
- Members may pay via the member portal on our website and can set up automatic payments via ACH or credit/debit to be distributed on the first business day of each month.
The Root reserves the right to amend the TOU at any time. The Root will attempt to contact you to notify you of any amendments within 30 days of enactment of such amendments using the contact information provided in the Membership Agreement.
2. Description of Services. The Root may provide you with access to office space, workstations, internet access, office equipment, conference space, knowledge resources, and other services as The Root may provide from time to time (collectively, “Services”). At all times, the Services are subject to the TOU.
3. No Unlawful or Prohibited Use. As a condition of your use of the Services, you agree that will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices or your Membership Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair any The Root server, or the network(s) connected to any The Root server, or interfere with any third 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 The Root 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 and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
4. Use of services. You agree that when participating in or using the Services, you will not: a. Use the services in connection with or in furtherance of any activity that is illegal under the laws of the State of Oklahoma or the United States of America; b. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise); c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; d. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Root Services; e. 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; f. 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; g. 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; h. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; i. Restrict or inhibit any other user from using and enjoying the Services; j. Violate any code of conduct of other guidelines which may be applicable for any particular Service (including the Building Rules for 110 S Hartford Avenue); k. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; l. Violate any applicable laws or regulations; and m. Create a false identity for the purpose of misleading others.
5. Disclosure of Information. The Root reserves the right at all times to disclose any information about you, your participation in and use of the Services as The Root 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 The Root’s 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 The Root, 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 the business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of The Root, any analyses, compilations, studies or other documents prepared by The Root or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
b. Your participation in and/or use of the Services is specifically conditioned upon your continuing obligation to:
I. maintain all Confidential Information in strict confidence; II. not to disclose Confidential Information to any third parties; III. not to use the Confidential Information in any way directly or indirectly detrimental to The Root, or any participant or user of the Services.
c. All Confidential Information remains the sole and exclusive property of The Root or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of The Root, or any participant or user of the Services.
7. Participation In or Use of Services. You acknowledge and agree that you are participating in or using the Services at your own risk, free will and volition. You understand and acknowledge that The Root is not liable to any third party for behavior or injury resulting from your access, participation in, use of the Services, or any loss of information resulting from such participation or use. You agree to indemnify The Root to the fullest extent possible against any claims by third parties arising out of or related to your use of the Services.
8. Disclaimer of Warranties. To the maximum extent permitted by applicable law, The Root 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, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
9. Exclusion of Incidental, Consequential and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall The Root or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The Root, and even if The Root has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
10. Limitation of Liability and Remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of The Root 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. 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. The Root reserves the right to terminate any Service at any time. The Root further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.
12. Indemnification. You release, and hereby agree to indemnify, defend and save harmless The Root and The Root Root’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, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by The Root or its respective officers and agents in connection with the defense of such claim or lawsuit.
14. Severability. In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
15. Insurance. The Root will carry General Liability insurance in amounts determined at the sole discretion of The Root. As a user, it is strongly suggested that you carry your own insurance policy to cover any equipment you own or bring into the space. That policy may cover your current residence/office, as well as the premises of The Root. By signing this TOU you understand, acknowledge and agree that The Root will not be liable (by way of subrogation or otherwise) to any third party for any negligence by you during your use of the Services and/or any space at The Root premises if such loss would have been covered by a professional liability or renters insurance policy.
16. Private Office Term. By signing this TOU, you understand, acknowledge and agree that you are responsible for adhering to the terms of the Membership Agreement and the TOU (as those documents may be amended from time to time) during the pendency of any private office membership term. You also understand, acknowledge and agree that private office memberships are only offered in six (6) month increments. The Root reserves the right to amend the terms of this TOU and the Membership Agreement during the pendency of any private office membership. Provided, however, that The Root will not change the private office membership rate during the pendency of any six (6) month period. For example, if you sign up for a 6-month private office membership, The Root will not increase your membership rate during that 6-month period. If you sign up for a twelve (12) or more month private office membership, The Root will not increase your membership rate during that 12-month period. Rates are subject to change, however, after the expiration of your private office membership term. Private office users will be subject to a penalty equal to the remainder of membership fees for terminating membership before the membership has expired.