Terms and Conditions + Release of Liability
Agreement between User and https://bhivebillings.com
Welcome to https://bhivebillings.com. The https://bhivebillings.com website (the “Site”) is comprised of various web pages operated by BHive, LLC (“BHive WorkSpace”). https://bhivebillings.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://bhivebillings.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://bhivebillings.com is a Coworking Membership Site.
BHive WorkSpace exists to provide quiet, productive lease-free office workspace in Billings, MT.
Visiting https://bhivebillings.com or sending emails to BHive WorkSpace constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
BHive WorkSpace does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
Children under thirteen are not allowed into the BHive WorkSpace. This is to maintain a quiet and productive experience for all paying members.
Those above the age of thirteen are allowed to access the space only with a paid membership.
No pets of any kind are allowed into BHive WorkSpace. There can unfortunately be no exceptions.
BHive WorkSpace utilizes a coded door system so only members have access. Sharing your code is a violation of BHive usage terms and conditions and may result in membership termination. The door is to remain locked at all times and members may not open the door for anyone. Opening the door for someone else is a violation of BHive usage terms and conditions and may result in membership termination.
You may cancel your subscription at any time, after which your access to BHive will be automatically terminated on your next billing cycle date and your card will no longer be charged after the point of cancellation. Please contact firstname.lastname@example.org
Links to Third Party Sites/Third Party Services
https://bhivebillings.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BHive WorkSpace and BHive WorkSpace is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BHive WorkSpace is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BHive WorkSpace of the site or any association with its operators.
Certain services made available via https://bhivebillings.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://bhivebillings.com domain, you hereby acknowledge and consent that BHive WorkSpace may share such information and data with any third party with whom BHive WorkSpace has a contractual relationship to provide the requested product, service or functionality on behalf of https://bhivebillings.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BHive WorkSpace or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BHive WorkSpace content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BHive WorkSpace and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BHive WorkSpace or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by BHive WorkSpace from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BHive WorkSpace Content accessed through https://bhivebillings.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless BHive WorkSpace, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BHive WorkSpace reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BHive WorkSpace in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BHive WorkSpace agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BHIVE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BHIVE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BHIVE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BHive WorkSpace reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Montana and you hereby consent to the exclusive jurisdiction and venue of courts in Montana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BHive WorkSpace as a result of this agreement or use of the Site. BHive WorkSpace’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BHive WorkSpace’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BHive WorkSpace with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BHive WorkSpace with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BHive WorkSpace with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
BHive WorkSpace reserves the right, in its sole discretion, to change the Terms under which https://bhivebillings.com is offered. The most current version of the Terms will supersede all previous versions. BHive WorkSpace encourages you to periodically review the Terms to stay informed of our updates.
Release of Liability
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of inhabiting the BHive coworking office space and premises organized by BHive, LLC, of 2059 Broadwater Ave, Suite B, Billings, Montana, 59102 and/or use of the property, facilities and services of BHive, LLC, I to the following:
- AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by BHive, LLC, or the employees, representatives or agents of BHive, LLC.
- ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge BHive, LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of BHive, LLC, whether caused by the fault of myself, my family, BHive, LLC or other third parties.
- INDEMNIFICATION. I agree to indemnify and defend BHive, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of BHive, LLC.
- FEES. I agree to pay for all damages to the facilities of BHive, LLC caused by any negligent, reckless, or willful actions by me or my family.
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Montana law.
- NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that BHive, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
- ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
- ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
- LOST OR STOLEN PERSONAL PROPERTY. I agree to not hold BHive, LLC responsible for any personal item I bring into the WorkSpace. I am responsible for all items and will not hold BHive, responsible for lost or stolen items.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
I HAVE READ THIS DOCUMENT AND UNDERSTAND THAT BY JOINING BHIVE MEMBERSHIP, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
BHive WorkSpace welcomes your questions or comments regarding the Terms:
2059 Broadwater Ave, SUITE B
Billings, Montana 59102
Effective as of June 17, 2018