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Terms of Service

Camp David Terms of Service
Last Updated: September 22, 2016

Welcome to Camp David!  Please read these Terms of Service (the “Terms”) carefully because they govern your access to and use of Creative IC, LP’s (“Camp David,” “we,” “us” or “our”) facility and certain services provided by us at the facility and through our website located at www.thecampdavid.com (the “Site”). To make these Terms easier to read, the Site and our services provided at the facility or online are collectively called the “Services.”  

 

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

For the avoidance of doubt, the term “Services” herein applies solely to access to and use of our facility and the Services that we directly provide. “Services” do not include, and we are not involved in or liable for, the provision of services by third parties which you may use and/or purchase in connection with your membership, including, but not limited to, group health insurance, gym memberships or payroll services.  All such third-party services are provided solely by the applicable third party pursuant to an agreement between you and the third party. You agree that our making available access to or discounts for these third-party services does not constitute provision of such third-party services by us, and you will look solely to the applicable third party for provision of the applicable third-party services and for compensation for any claims, damages, liabilities or losses you may incur in connection therewith.  

 

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know 30 days in advance of any changes either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time, as well as the benefits we offer in relation to third- party services, we may change or discontinue all or any part of the Services or third party-benefits from time to time at our sole discretion. We will notify you at least 30 days in advance prior to any such changes taking effect.

 

Who May Use the Services

Eligibility

You may use any of our Services that are provided online if you are above the age of 18 and are not barred from using the Services under applicable law. You and your guests may use the Services provided at our facility if you and your guests are above the age of 21 and are not barred from using the Services under applicable law.  

 

Registration and Your Information

If you want to use certain features of the Services, you’ll have to create an account (“Account”). You can do this via the Site.

It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone (or let anyone use your Account) or transfer your keycard or other means of entry to anyone else, and you’ll notify us immediately of any unauthorized use of your Account, keycard or other means of entry. You’re responsible for all activities that occur under your Account, whether or not you know about them.

During the online registration process, you may be prompted to identify a company with whom your Account is associated. You agree that you will not misrepresent yourself or your association with any company or submit any false or misleading information to us. You agree to promptly update your Account to reflect any changes in your relationship with the company including the termination of such relationship. Notwithstanding the foregoing, your Account may have been created by an authorized representative of your employer. If you are an authorized representative, you hereby warrant and represent to us that you have the proper authority to create and terminate any Account held by the company and add and remove individual members to and from any Account held by the company and agree to indemnify us for any loss we may suffer as a result of any breach of this warranty and representation.

 

Payments

By creating an Account and providing your payment information, you agree to pay us the recurring and/or nonrecurring fees as required by us from time to time. You agree to keep an active credit card or bank account on file with us and authorize us to initiate entries to such credit card or bank account in order to pay the fees and any other amounts for which you are responsible (including for damages caused to our facility or property). Your use of the Services may be immediately suspended if we are unable to charge such credit card or bank account for any reason. Recurring fees must be paid on a monthly basis on the 1st day of each month. We reserve the right to make changes, from time to time, to the fees applicable to your Account upon 60 days’ advance notice to you in writing. Your continued use of the Services following such notice constitutes your agreement to such modified fees. In the event you do not wish to accept the modified fees, you may terminate your Account in accordance with the Terms hereof.  All fees are non-refundable, except that, under certain circumstances (for example, if we fail to provide the space you reserved), certain paid fees will be fully or partially refundable.

 

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by using the feedback functionality on the Services (if available) or by emailing us at info@thecampdavid.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Privacy Policy

Please refer to our Privacy Policy (http://www.thecampdavid.com/privacy-policy) for information on how we collect, use and disclose your information when you use our Services.

 

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders provide to be made available through the Services. Content includes without limitation User Content.  

 

Content Ownership, Responsibility and Removal

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

 

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders and promoting the Services.  

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services or otherwise in accordance with these Terms will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You may remove certain User Content from the Services after you have uploaded it to the Services. Following termination of your Account, copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.  

 

Rights in Content Granted by Us

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.

 

General Prohibitions and Our Enforcement Rights

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services or any individual element within the Services, our name, any Camp David trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
  • Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Camp David trademark, logo URL or product name without our express written consent;
  • Use the Services or Content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate any person or entity or misrepresent your identity, name, location, age or affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

Advertisements

Our Services may include advertisements, which may be targeted to certain Content or information available on our Services, to your interactions or your use of our Services or to other information. The types and extent of advertising on our Services are subject to change. In consideration for us granting you access to and use of our Services, you agree that we and our third-party providers and partners may place such advertising on our Services.

 

Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

Using the Camp David Facility

Printing/Copying/Scanning

You will be entitled to use of the printers, copiers and scanners in the open workspace areas at our facility at our standard rates.  Your memberships may include a certain number of print credits to be used toward the cost of this service. Please see the Site for details.

 

Conference Rooms

The facility contains multiple conference rooms, which shall be available for use at our standard rates during our office hours (the “Office Hours”), which are generally from 9:00 a.m. to 6:00 p.m. on weekdays (with the exception of U.S. federal holidays and other days on which the building is closed or hours are limited). Use of the conference rooms is subject to scheduling and availability.  Your memberships may include a certain number of conference room credits to be used toward the cost of this service. Please see the Site for details.  

 

Mailroom

Based on your type of membership, we may accept, at no additional fee, business mail and deliveries (except bulk or oversized deliveries) on behalf of certain members during the Office Hours; however, we will not accept service of process on their behalf. As an added benefit, you will have access to a full range of mail services offered by the Camp David mailroom.  Please see the Site and/or the Camp David mailroom for a list of services and prices. We have no obligation to store any mail or deliveries for more than 30 days of our receipt or if we receive mail or deliveries after you terminate your membership. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or deliveries.

 

Additional Services

You will have access to other services offered by us from time to time at the facility.  Please see the Site for a list of additional services currently offered.

 

House Rules

You must comply with the rules and regulations of the Camp David community, known as the “House Rules,” which may be amended from time to time. These rules govern the expected behavior of all Camp David members at the facility and will be attached to your membership agreement and/or posted at the facility. In general, we expect that you will not bring any hazardous materials into the building or perform any activity that is reasonably likely to be disruptive, damaging or dangerous to other members, their guests or their property. If you have questions about the “House Rules,” please contact us via email at members@thecampdavid.com.  

 

Use of the Camp David Name

Neither you nor your members will use the name of the building, “Industry City,” “Camp David” or other distinctive brand features of Industry City or Camp David in any of your name(s), logo(s), advertising or for any other purpose without our prior written consent.  Unless instructed otherwise, we may use your company name(s) and logo(s) in our online membership directory.  

 

Damage

You are responsible for the actions of your members and guests at the facility. You may be held liable (and do hereby authorize us to charge you) for any damage to the building, the facility or our property caused by you, your members and/or guests.

 

Security

For security purposes, we may regularly record via video certain areas of the facility. You may be required to present a valid, government-issued photo identification in order to gain access to the facility.

 

Removal of Property

Prior to your departure, you will be responsible for the removal of your property and the property of your members and guests from the facility. If any property is left in the facility after termination of your membership, we may, in our sole discretion, store the same at your sole cost and expense or dispose of it in any way we choose, without any liability or accountability to you, your members or your guests.  You will be responsible for paying any fees incurred by us in connection with such removal, storage and/or disposal.

 

Nature of these Terms

You acknowledge that these Terms (i) do not create a leasehold interest or other real property interest in the building or the facility, and (ii) do not give you or any of your members any right, title or interest in our business.  Nothing in these Terms will be considered, in any way, to constitute a partnership between you and us.

 

Termination

We may, at any time and possibly without prior notice to you, immediately terminate your access to your Account and our Services, when we, in our sole discretion, see just cause to do so. You may cancel your Account at any time by emailing us at members@thecampdavid.com. If your Account was created by an authorized representative of your employer, an authorized representative of your employer may at any time terminate your Account by contacting us. Cancellation will be effective immediately upon our receipt of notice of cancellation.

Except in certain circumstances, you will not be entitled to a refund of any amounts you already paid if your Account is terminated. Upon any termination of your Account, you will remain responsible for all Services you used prior to such termination. We may exercise our rights to collect any payments owed despite the termination of your Account. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive a termination of these Terms: rights in User Content granted by you, warranty disclaimers, indemnity, limitation of liability, and dispute resolution provisions.

 

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES OR TERMS ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

 

Indemnity

You will indemnify and hold harmless us and our affiliates, and each of our and their employees, officers, directors, agents, members, partners and owners from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.  

 

Limitation of Liability

NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE TOTAL FEES PAID BY YOU TO USE THE SERVICES. IN NO EVENT WILL ANY OF OUR AFFILIATES OR OUR OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MEMBERS, PARTNERS AND/OR OWNERS HAVE ANY PERSONAL LIABILITY UNDER THESE TERMS.   

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

 

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

 

Agreement to Arbitrate

You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content where the total amount of the award sought by either party is less than $15,000 (collectively, “Disputes”) will be settled by binding non-appearance-based arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

 

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

 

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of a request for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

Class Action Waiver

Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual (or individual company) basis. You will not seek to have any dispute heard as a class action or in any other proceeding in which a party acts or proposes to act in a representative capacity on behalf of a class or group of members.

 

General Terms

These Terms as well as our community guidelines and any terms or rules that may be posted or provided to you constitute the entire and exclusive understanding and agreement between you and us regarding the Services and Content, and supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

OFAC

You hereby represent and warrant that you are not, nor will you be at any time while you are a member an entity or individual listed on any U.S. Government list of prohibited or restricted parties.

 

Contact Information

If you have any questions about these Terms or the Services, please contact us at info@thecampdavid.com.

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