Work Hard Pittsburgh
Terms & Conditions
Acceptance of Terms
Last updated 5/11/2018. The services Work Hard PGH, LLC (“Work Hard”) provides to its cooperative members and co-workers (“You” or “Your”) are subject to the following Terms and Conditions (T&C) and the Code of Conduct below. Work Hard reserves the right to update the T&C and Code of Conduct at any time without notice to You.
There are two types of users of Work Hard’s facilities: cooperative members and co-workers. These Terms & Conditions and Code of Conduct apply to both types.
Your status as either a cooperative Member or a co-worker does not create tenancy, but rather provides You with a prepaid usage license to access the provided amenities on a monthly or casual basis.
Services Available to Cooperative Members and Co-workers
- 24/7 access to common areas located inside of facilities. Extended access is for work use only.
- Mailboxes for current cooperative members and co-workers.
- Access to office space, work stations, internet services, office equipment, conference space, green screens, podcasting studios, and other available services (collectively, “Services”).
- Dedicated space for your organization can be purchased for a recurring fee of $45/month. Dedicated space provides members with 10’ x 10’ area to be configured permanently for exclusive use.
- Extra keys for your staff to access our facilities can also be purchased for a recurring fee of $10/month each.
- Use of facilities for workspace, events, instruction, and meetings.
- To maintain an account at any of our facilities, You must provide a valid home address and proof of residency.
- You must also:
- Reset any moved furniture
- Dispose of all trash and recycling associated with Your designated area or event
- Remove all trash and recycling to outside dumpsters if indoor trash containers are full
- Maintain a professional and clean work environment that doesn’t interfere with the business and operation of other users
- A $25 cleanup fee will be charged to Your account if the above described maintenance is not performed.
Fees and Payment
Basic access to Work Hard is $45/month. Additional charges may occur for dedicated or reserved space in facilities.
Your bank account or credit card will be auto debited each month. If You require an invoice, please request copies from firstname.lastname@example.org. Upon payment, You will receive an electronic receipt. If You fail to make an auto payment or otherwise pay Work Hard its access fee, Work Hard will send You weekly payment reminders. Failure to make a payment for 30 days will result in a revocation of Your access rights and license. Retrieval of personal property left inside facilities will be coordinated with a site manager.
A second invoice will be issued at the end of each month and will include any variable and consumable charges, such as telephone usage, printing, copying, and access to cloud-based storage services that may have been incurred during the previous billing period. Payment for variable charges will be paid within 30 days of second invoice unless other arrangements have been made with Work Hard. Work Hard reserves the right to restrict access to variable and consumable services for accounts with outstanding balances.
No Unlawful or Prohibited Use
You will not use the Services of Work Hard for any purpose that is unlawful or prohibited by these Terms and Conditions and Code of Conduct. You may not use the Services of Work Hard in any manner that could damage, disable, overburden, or impair any Work Hard 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 Work Hard 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, nor should You post or download files that You know or should know are illegal or that You have no rights to.
You hereby represent and warrant that You have all requisite legal power and authority to enter into and abide by these Terms & Conditions 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.
Renewals and Terminations
This Agreement is automatically renewed at the end of each period with consent of each party.
The T&C and Code of Conduct must be adhered to at all times. Failure to follow T&C or Code of Conduct can result in non-renewal or even early termination of the usage license. Work Hard reserves the right to terminate any Service at any time, immediately and without notice, if You fail to comply with the T&C or Code of Conduct. This includes non-payment or violation of rules either written or communicated orally to You. Upon termination of license, Work Hard will refund any amounts paid for unused periods that remain after deducting any pending charges on a pro-rata basis.
You may terminate Your license at any time by giving written notice in the form of email. Termination shall be effective at the end of the month. If You terminate Your license, You will not receive a pro-rata refund for the unused portion of Services.
Obligation to Law
Your participation in and use of the Services provided by Work Hard deems necessary that Work Hard will satisfy any applicable law, regulation, legal process or governmental request, or edit, refuse to post, or remove any information or materials, in whole or in part at the sole discretion of Work Hard.
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 Work Hard 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 Work Hard, any analyses, compilations, studies or other documents prepared by Work Hard or otherwise derived in any manner from the Confidential Information that You are obliged to keep confidential or know or have reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates You to
- maintain all Confidential Information in strict confidence;
- not disclose Confidential Information to any third parties;
- not use the Confidential Information in any way directly or indirectly determined to be that of Work Hard or any participant or user of the Services.
All confidential information remains the sole and exclusive property of Work Hard or the respective disclosing party. You acknowledge and agree that nothing in this T&C, Code of Conduct, or Your participation or use of the Services will be construed as granting any rights to You, by license or otherwise, to any Confidential Information or any patent, copyright or other intellectual property, proprietary right of Work Hard or any participant or user of the Services.
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 Work Hard 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 the applicable law, Work Hard 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: 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 the applicable law, in no event shall Work Hard 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 and 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, participation in outings or events planned or facilitated by Work Hard, 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 Work Hard and even if Work Hard has been advised of the possibility of such damages.
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 Work Hard or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, Your, representatives, employees, successors and assigns under any provision of this T&C and Your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by You based on reasonable reliance up to Five Hundred Dollars ($500). The foregoing limitations, exclusions and disclaimers, including the previous sections shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Work Hard, or any of the Work Hard officers, directors, members, employees, personnel, agents, policies, services, or products, other than to comply with law.
You release, and hereby agree to indemnify, defend and hold harmless Work Hard PGH, LLC and Work Hard PGH, LLC 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 attorney fees and costs incurred by Work Hard PGH, LLC or its respective officers and agents in connection with the defense of such claim or lawsuit.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORK HARD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WORK HARD PGH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
In the event that any provision or portion of this T&C is determined to be invalid, illegal, or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Work Hard carries Liability and Business Personal Property insurance. As a user of the coworking space, it is Your responsibility to carry Your own Renters Insurance policy that covers Your equipment while occupying our space. Work Hard is under no obligation to carry insurance that covers Your lost, stolen, or damaged goods as a result of Your use of Services provide. Please provide Work Hard with a copy of Your policy for reference.
Name and Likeness
You hereby grant to Work Hard a license to use, without further compensation or approval from You, Your name, image, portrait, voice, likeness and all other rights of publicity, or any derivative or modification thereto that Work Hard may create, in any and all mediums, now known or hereafter developed, provided that such use is in relation to Work Hard’s business and consistent with professional business standards.
Code of Conduct
Work Hard is dedicated to providing a productive, welcoming, and collaborative working environment for cooperative members and co-workers. This code of conduct outlines our expectations for everyone who uses the space, whether as cooperative member, a co-worker, or as an organizer or attendee of meetups and other events taking place in the space. The code of conduct applies not only in our space, but also online networks, at all related events, and in one-on-one communications carried out in the context of community business. It also states the consequences of violating these expectations.
Use of Services
You are prohibited from using Work Hard’s Services to do any of the following:
- Create or engage in contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Work Hard servers or internet connections.
- Upload, or otherwise make available, file(s) that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, 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.
- 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.
- Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another cooperative member or facility user.
- Download any file that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
- Violate any applicable laws or regulations; or
- Create false identity for the purpose of misleading others.
All cooperative members and co-workers are expected to keep their workspaces clean and leave shared workspaces as if nobody used them. Organizing, wiping surfaces, and other small tasks can make a huge difference, the other users will appreciate it and you will be setting a good example to follow. If a workspace becomes excessively dirty or messy, Work Hard may charge a cleaning fee. Please reuse and recycle when possible.
Loud conversations tend to be distracting to those around you making it difficult to focus. Be mindful and use your “inside voice” when speaking to other users or making phone calls.
In order to further our goals of providing a productive, welcoming, and collaborative environment, Work Hard prohibits the following in its facilities whether by cooperative members, co-workers, or guests:
- Consumption of alcohol during normal business hours (8AM-6PM) without a written exception
- Appearing visibly intoxicated at any time
- Use of illegal drugs or substances
- Possession of illegal drugs or substances
- Intimidating, harassing, abusive, discriminatory, derogatory, or demeaning speech or actions by any participant in our space, online networks, and in all related events and communications.
- Harassment includes, but is not limited to, reasonably offensive verbal comments related to gender, gender identity and expressed sexual orientation, disability, physical appearance, age, body size, race, ethnicity or religion; sexual images in public spaces; deliberate intimidation; stalking; following; harassing photography or recording; sustained disruption of talks or other events; inappropriate physical contact; and unwelcome sexual attention.
- Theft of property, ideas, or clients
- Creating or maintaining a threat to the safety of Yourself or others
- Bringing weapons into the facilities
Enforcement of Code of Conduct
Consequences of Violations
Unacceptable behavior from any cooperative member, co-worker, or guest, will not be tolerated. Anyone asked to cease a violating behavior is expected to comply immediately and may be asked to leave the premises.
Serious violations of this Code of Conduct, especially with respect to conduct harmful to others, will result in termination of Your license to use the facilities and Services. For less serious violations, Work Hard will engage in the following progressive discipline policy:
First Offense: Verbal Warning from head of Membership Committee
Second Offense: Written Warning from head of Membership Committee
Third Offense: Formal Disciplinary Meeting with Membership Committee
Fourth Offense: Termination of License and/or Membership
If you are subject to unacceptable behavior, harassment, or have any other concerns, please notify a member of the Membership Committee immediately.
If you witness unacceptable behavior, intervene immediately by addressing both parties directly, to tell the first person their behavior is inappropriate, and to ask the second person what they would need to feel safer or would like to have done about the situation, as well as notifying a member of the Membership Committee.
If you feel you have been falsely or unfairly accused of violating this Code of Conduct, you should notify a member of the Membership Committee.
Last revised: May 12, 2017
What Does This Policy Cover?
This Policy covers all information provided by you to us using one of the following methods (each a “Covered Method”):
- visit or use any websites owned or operated by or on behalf of Work Hard PGH, including WorkHardPGH.com (our “Websites”);
- provide information to use via e-mail, text, or electronic communications, such as filling out forms on one of our Websites (“Submitted Forms”).
- install and use any of the software applications that we may develop for use on tablets or mobile devices (each an “App”);
- information that you post or upload to one of our pages on a social media site, including tweets, images, user-generated content, Personal Information, digital sounds, and pictures (“Social Information”)
- interact with our advertising or applications that we serve on third-party websites and services (“Served Ads”)
This Policy does not apply to information collected any way other than via a Covered Method (including as a result of you using or clicking on any application or content that may link to or be accessible from or on the Website (“Linked Sites”) or any advertising displayed on one of our Websites that is provided by anyone other than us (“Third Party Ads”).
Because Work Hard PGH offers a variety of programming and is structured as a cooperative, it is likely that you will provide the same information to us multiple different ways. Additionally, you may interact with our membership as a client, collaborator, or vendor.
What Information Do We Collect?
Any time that you use one of our Websites or Apps, provide information via a Submitted Form or click on or interact with a Served Ad, we will likely collect some types of information from you as a result of that action. Depending on the action you take, we may collect any of the following types of information:
- personally identifiable information (“PII”) that you provide to us;
- certain types of financial and payment information to complete transactions with us, including to pay registration fees or tuition fees (“Financial Information”);
- information that relates directly to you other than your PII that you provide to us such as records and copies of your correspondence, responses to surveys, details of transactions you carry out, interactions with our members, and search queries on the Websites (“Volunteered Information”);
- certain information that we automatically collect as you navigate through the Site or use an App about your equipment, devices and browsers, and your use of our Websites and Apps (“Usage Information”);
- and information that is provided to us from third parties, for example, our business partners (“Third Party Information”).
The following is a more detailed description of each of these types of information:
When you use our Websites or Apps, we may ask you to provide the following PII:
- First, middle and last name, previous names
- E-mail address
- Date of birth
- Mailing address
- Organization name
- Valid day or evening telephone number
- Cell phone number
If you collaborate or contract services with Work Hard PGH, we will require additional PII:
- Educational history and transcripts
- Social Security number
- Government issued ID (such as driver’s license)
- Country of origin
- Employment status and history
- Military affiliation
- Career goals
- Financial Information
We may also request other Financial Information and information related to financial aid eligibility.
First, you may correspond with us directly, answer surveys on our Websites, or provide us with unsolicited information. Except for PII or Financial Information, we do not assume any obligation of confidentiality or nondisclosure for Volunteered Information. You should be selective about the information you choose to disclose as Volunteered Information.
Second, certain of our Websites or Apps may permit you to communicate with other users or post certain content or comments to public forums that can be viewed by other users. Anything that you post in these areas is public and not protected. You should not post any PII or Financial Information to any public forum. We cannot control the actions of other users of the Websites and do not guarantee that Volunteered Information will not be viewed by unauthorized persons or competitors.
When you use our Websites or Apps, we may use certain technologies to automatically collect certain Usage Information, including:
- IP address
- Operating system
- Browser type
- Collection date
- Day of week, time of day (hour)
- Language settings
- Country, state, designated market area (DMA), city (relating to IP address, if available)
- Domain (.com, .net, .mil, .org, .edu, etc.)
- Web pages viewed
- Email clicks or other actions taken
We also may use certain technologies, such as cookies, to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking) for the purpose of using such data to deliver advertising that is based on your web-viewing behaviors.
Using cookies also helps us to improve our Website and to deliver a better and more personalized service, including enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Websites according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Websites.
We may use the following types of cookies:
Flash Cookies. Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
Web Beacons. Pages of our Websites and our e-mails may contain small electronic files known as Web Beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
In using behavioral tracking, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (a coalition of marketing, online advertising, and consumer advocacy organizations).
- We do not associate your interaction with unaffiliated sites with your Personal Information in providing you with interest-based ads.
- We do not provide any Personal Information to advertisers or to third party sites that display our interest-based ads.
- We may use information provided about you by third parties (such as the sites where you have been shown ads or demographic information) that we may use to provide you more relevant and useful advertising.
How Do We Use Your Information?
We use information that we collect about you or that you provide to us, including any Personal Information:
- to present our Websites and Apps to you;
- to determine your admissibility and to register you for your selected educational programs at Work Hard PGH;
- to determine your eligibility as a member of the Work Hard PGH cooperative;
- to contact you regarding your status with Work Hard PGH;
- to provide requested products and services;
- to respond to your inquiries and provide customer support;
- to administer promotions in which you have indicated an interest;
- for our internal marketing purposes, which include, but are not limited to, sending you material about products, services, updates, etc. that we think may be of interest to you;
- for investigation of information security and information asset protection-related incidents;
- to test, correct and improve our content, applications and services;
- to develop new applications, products and services;
- for behavioral tracking purposes;
- to prevent potentially illegal activities (including illegal downloading of copyrighted materials in accordance with our Copyright Infringement policy);
- to investigate suspicious activity and financial aid fraud;
- to obtain or collect payment;
- to provide you with information concerning arrangements and other options for the repayment of funds loaned to you;
- to maintain educational and business records for reasonable periods;
- in connection with the contemplated or actual reorganization, merger, acquisition, financing, securitization, insuring, sale or other disposal of all or part of our business or assets;
- for any other purpose for which you provide it;
- to notify you about changes to our Websites or Apps or any products or services we offer or provide through it;
- to allow you to participate in interactive features on our Websites;
- as may be required or permitted by legal, regulatory, industry self-regulatory, insurance, audit or security requirements applicable to us;
- in any other way we may describe when you provide the information; and
- for any other purpose with your consent.
When Would We Disclose Your Information?
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose Personal Information:
- for any of the purposes listed above for which we may use your Personal Information;
- to fulfill the purpose for which you provide it;
- for any other purpose disclosed by us when you provided the information;
- with your consent;
- to comply with any court order, law or legal process, including to respond to any government or regulatory request; and
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Work Hard PGH, our customers or others.
In addition, your Social Information will be displayed to other users of our social media sites. For example, if you comment on our Facebook page, other users of Facebook wi