This Agreement is made and entered into by all members, hereinafter referred to as “Member” and Mountain Workspace, hereinafter referred to as “Workspace” in the building located at 885 Tahoe Blvd., Incline Village, NV 89451.

Workspace may provide Member with access to office space, dedicated desk, open table, internet access, conference space, office equipment, knowledge resources and other services collectively referred to as “Services”. The Services at all times are subject to this Agreement. By signing up for a membership, Member represents and warrants that he/she has the requisite legal power and authority to enter into and abide by the terms and conditions of this Agreement and that no further approval is necessary. Member will not use the Services for any purpose that is unlawful or prohibited. Furthermore, Member acknowledges reading, understanding, and complying with the Workspace Rules, which are attached and included with this Agreement. Failure to comply with Workspace Rules can result in non-renewal or early termination of this Agreement.

The term of this agreement is determined by the class of membership. Offices are leased for one year and are automatically renewed on a month-by-month basis. Member shall give Workspace two months’ notice in the event of termination. Dedicated workstations are leased for three months and are automatically renewed on a month-by-month basis. Member shall give Workspace one months’ notice in the event of termination. Monthly members are automatically renewed on a month-by-month basis. Ten packs automatically expire at the end of twelve months.

Fees for service are due and payable in advance of usage. They are generally paid through automatic billing of the credit card on file. Should Member believe he/she has been billed in error for services, please contact a staff person for resolution prior to disputing the charge with your credit card company.

Member agrees that during participation in and use of the Services, Member may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Workspace or any participant of the Services or any employee affiliate or agent thereof that is non-public, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Workspace, any analyses, compilations, or other documents prepared by Workspace or any respective third party or otherwise derived in any manner from the Confidential Information that Member is obligated to keep confidential or know or have reason to know should be treated as confidential. Member acknowledges that nothing in this Agreement or Member’s participation or use of the Services will be construed as granting any rights to Member by license or otherwise in any Confidential Information or any patent, copyright, or other intellectual propriety rights of Workspace or any participant or user of the Services.

Member acknowledges that Member is participating in or using the Services at Member’s own free will and decision. Member acknowledges that Workspace does not have any liability with respect to Member’s access, participation in, use of the Services, or any loss of information resulting in such participation or use.

To the maximum extent permitted by the applicable law, in no event shall Workspace and Workspace affiliates and their past present or future officers, agents, employees, and associates, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or any 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 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 the agreement, even in the event of the fault, tort, strict liability, breach of contract or breach of warranty of Workspace and even if Workspace has been advised of the possibility of such damages.

Member shall, during and after participation and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Workspace or any of Workspace officers, associates, policies, services or products, other than to comply with the law.

Member releases, and hereby agrees to indemnify, defend and hold harmless Workspace and Workspace affiliates and their past, present and future officers, agents, employees or associates, 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. Member further agrees in the event that Member brings a claim or lawsuit in violation of this Agreement, Member shall be liable for any attorney fees and costs incurred by Workspace or its respective officers and agents in connection with the defense of such a claim or lawsuit.

In the event that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Workspace carries Liability and Business Personal Property insurance. As a user, Member is not required, but is strongly suggested to carry a Renters Insurance policy to cover equipment. That policy may cover Member’s current residence/office, as well as the premises of Workspace.