Terms and Conditions
General Terms and Conditions
Use of this Site and The Collaborative Outpost (“TOC”) Meeting Rooms indicates acceptance of these terms by you (the “member”).
Acceptance of Terms:
TOC is not a Law Office or Law Practice. All members of TOC operate independently and may only collaborate within the constraints of their individual professional ethical requirements. The services TOC provides to you, the “member” (including but not limited to use of office space, meeting space and access to Internet), are subject to the following Terms and Conditions (“TCs”). TOC reserves the right to update the TCs at any time.
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 TOC server, or the network(s) connected to any TOC 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 TOC 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 these TCs 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.
Use of services:
You agree that the use of the Services is for office purposes only. You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming 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 TOC 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 own or control the rights thereto or have received all necessary consent to do the same; e. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; f. Upload files that contain viruses, ransomware, 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. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; or h. Violate any applicable laws or regulations.
The Member agrees to maintain the premises in the same condition as they are at the commencement of the term of their use or as they may be put in during the term of their membership, reasonable wear and tear, damage by fire and other casualty only excepted, acknowledging that the premises are now in good order. The Member shall not permit the premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste during their use. The Member shall obtain written consent of TOC before erecting any sign or alternations or additions of any sort on the premises. Any alterations or improvements made by the Member shall become the property of TOC at the termination of Services as provided herein, unless agreed to in writing in advance.
Invoicing and Payment:
The member is automatically invoiced for any variable charges such as Continuing Legal Education courses, Meeting Room Services, Print & Copy Services, or any other additional Service usage. Payment is required before or at the time of service. Payment for some Service usage will be required on the day of use unless other arrangement have been made with TOC. TOC reserves the right at all times to disclose any information about you, your participation in and use of the Services as TOC deems necessary to satisfy any applicable law, regulation, legal process, financing or banking arrangement, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part in TOC’s sole discretion.
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 TOC, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.
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 TOC 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.
Disclaimer of Warranties:
To the maximum extent permitted by applicable law, TOC provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
Exclusion of Incidental, Consequential and Certain Other Damages:
To the maximum extent permitted by applicable law, in no event shall TOC 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 TOC, and even if TOC 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.
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 TOC 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 TCS and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to the cost of one month’s membership for your membership plan. 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.
You release, and hereby agree to indemnify, defend and hold harmless TOC and TOC’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 TOC or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of these TCs is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of these TCs shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
TOC will carry Liability and Business Personal Property insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of TOC.
No Subletting or Assigning:
The Member shall not assign or sublet the whole or any part of the premises, and may not assign their rights hereunder to anyone without the prior written consent of TOC.
This Agreement shall be subject and subordinate to any and all mortgages, deeds of trust and other instruments in the nature of a mortgage, now or at any time hereafter, a lien or liens on the property of which the premises are a part and the Member shall, when requested, promptly execute and deliver such written instruments as shall be necessary to show the subordination of this lease to said mortgages, deeds of trust or other such instruments in the nature of a mortgage.
Shared Work Space and Lack of Privacy:
The Member acknowledges that the nature of shared work space will limit their privacy and that they accept all responsibility for managing and protecting the privacy of their work product and client information. TOC will make all efforts to provide privacy to the Member and their clients during any reserved Meeting Room time. TOC or agents of TOC may, at reasonable times, enter to view the premises and may remove placards and signs or alterations not approved as provided herein, and make repairs and alterations as TOC should elect to do and may show the premises to others, and at any time. Any reservation of Meeting Rooms shall be on a first come first serve basis, and it is the responsibility of the Member to identify the current Meeting Room for their needs. Members agree to respect the reservations of other members and end all meetings on time. Members are encouraged to reserve additional time as a buffer in the even they cannot guarantee a meeting ending on time.
Except where e-mail notice is specifically authorized herein, any notice required herein relating to the premises or to the Services, shall be deemed duly served if mailed to the addresses listed on page 1 for both Member and TOC respectively, by registered or certified mail, return receipt requested, postage prepaid, addressed to the Member or to such other address of which Member shall have given TOC notice, or TOC shall have given Member notice.
Member agrees to make all required payments via pre-authorized credit card through the processer chosen by TOC. In the event and payment is not able to be made via credit card, all payments due shall be paid and sent to TOC at 9 Main St. Southborough, MA 01772.
Maintenance of Premises:
It shall be the responsibility of TOC to maintain the property and all kitchen and bathroom facilities in good working order, within a reasonable time period of any damage. TOC will maintain the heating and air conditioning systems for the building, to be maintained at reasonable and agreeable temperatures. Members should notify TOC or their agents at once of any trouble with heating, lighting or plumbing fixtures. Members must not leave windows of premises opened or unlocked and must not leave the doors of the premises unlocked outside normal business hours.
Property will be open to the public during normal business hours, 8:00am to 6:00pm Monday through Friday except holidays. Entry to the building during non-business hours will be by prior agreement only. No animals shall be kept in or about the building. No person shall smoke in the common areas, halls, corridors, lavatories, stairwells, or entryways of the building. TOC reserves the right to make any such other and further rules and regulations as in their judgment may, from time to time, be necessary for the safety, care and cleanliness of the premises and building and for the preservation of good order therein.
If any dispute between TOC and Member arises under this Agreement, both TOC and Member agree to meet and confer within ten (10) days of written notice by either TOC or Member that the dispute exists. The purpose of this meeting and conference will be to negotiate a solution. If any dispute is not resolved through negotiation, TOC and the Member will attempt to agree on a neutral mediator whose role will be to facilitate further negotiations. If TOC and the Member cannot agree on a neutral mediator, they will request that the Massachusetts Bar Association or the American Arbitration Association, or similar organization, select a mediator. The mediation shall occur within fifteen (15) days, or as soon as practically possible, after the mediator is selected. TOC and the Member shall share the costs of the mediation, provided that the payment of costs and any attorney’s fees may be mediated.
Acknowledgement by the Member by electronic device is expressly authorized and shall have the same force and effect under this Agreement.
Available “a la carte” Services:
Printing/Scanning/Copying: Scanning is free and encouraged. Printing is discouraged (paper is insecure, inefficient and wasteful) - but also an understandably necessary part of our work sometimes. When possible please print double-sided and in black & white. High quality paper, and colored paper is all available. If you need to go over 100 pages in 1 day, the cost will be 5 cents ($0.10) per page.
Meeting Room Time available here: https://tco.spaces.nexudus.com/en/bookings/search
Memberships may include certain number of conference room hours per month (see Membership Agreement for more information).
Full bullpen of desks available for trainings (primarily evening and weekends) - Inquire for pricing and timing.