WORKHUB ON UNION

Terms of Use

  1. Acceptance of Terms: These Terms of Use, including the rules, terms and policies referenced and incorporated herein as well as all other applicable policies and procured as provided or made available to you from time to time, (collectively, the “TOU” also sometimes referred to as the “Agreement”) describe, except to the extent prohibited by applicable law, your rights and obligations in connection with your use of the Services (as hereinafter defined). You agree, by using the Services, that you shall abide by and be bound by the terms hereof.

  2. Changes to Services or the TOU. The availability and scope of the services as well as the Terms of Use described herein, are subject to change from time to time in the sole discretion of The Chamber of Greater Easthampton (“we” or the “Chamber”).

  3. Description of Services. The Chamber may provide you, subject to the TOU, with access to office space, workstations, internet, office equipment, conference room space, knowledge resources, administrative services, conference space, and other services as the Chamber may provide from time to time (collectively, the “Services”).

  4. Termination. Your right to use of the Collaborative Workspace is, notwithstanding any other provision of this TOU, limited to a license. Upon the expiration of the term of your membership, your membership shall continue on a month-to-month basis until terminated in accordance with this TOU. To terminate your membership, you must provide us with at least five days’ notice prior to the last day of the calendar month in which you intend to terminate, and the termination will be effective on the last regular business day of the month. If you fail to comply with the provisions of this TOU, the Chamber may, in its sole discretion, restrict your access to the Services or terminate your membership with immediate effect and without prior notice to you. In addition, in its sole discretion, the Chamber may decline to continue your membership after the end of the term. The Chamber does not provide refunds upon termination or cancellation of your membership. You will remain liable for past due amounts, and the Chamber may exercise its rights to collect due payment, despite termination or expiration of your membership. The Chamber may, in its sole discretion, terminate your membership, in whole or in part and at any time, for any reason or no reason at all, with or without notice.

  5. Removal of Property. No member, or any guests, invitees, employees or agents of any member, shall leave any personal property in the workspaces or anywhere on the premises at any time while said member is not present. The Chamber is not responsible for any lost, stolen or damaged personal property which is left on the premises in violation of this Section 5. The Chamber will be entitled to dispose of any property remaining in or on the Chamber’s premises without any obligation to store such property, and you waive any claims or demands regarding such property or the Chamber’s handling of such property. You shall be solely responsible for any fees reasonably incurred by the Chamber as a result of such removal.

  6. Indemnification; Waiver of Claims; Limitation of Liability:

    1. Indemnification. To the extent permitted by law, you will indemnify the Chamber and its employees, officers, and directors (collectively, the “Chamber Parties”) from and against any and all claims, including third party claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach or alleged breach of this TOU by you or your employees, agents, guests, invitees, pets or any of your or their actions or omissions, except to the extent a claim results from the gross negligence, willful misconduct or fraud of the Chamber Parties (such conduct having been adjudicated by a court of proper jurisdiction). You are responsible for the actions of, and all damages caused by, all persons and pets that you or your guests invite to enter any of the premises. You shall not make any settlement that requires a materially adverse act or admission by the Chamber or imposes any obligation upon any of the Chamber Parties unless you have first obtained its or the relevant Chamber Party’s written consent. None of the Chamber Parties shall be liable for any obligations arising out of a settlement made without its prior written consent.

    2. Waiver of Claims. To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees against any of the Chamber Parties arising from or relating to injury or damage to, or destruction, theft, or loss of, any property, person or pet, except to the extent caused by the gross negligence, willful misconduct or fraud of the Chamber Parties (such conduct having been adjudicated by a court of proper jurisdiction).

    3. Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of any of the Chamber Parties to you and your employees, guests, and invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty or other legal or equitable theory, shall not exceed the total amounts paid by you to the Chamber under this TOU in the twelve (12) months prior to the claim arising. None of the Chamber Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree that, to the maximum extent permitted by law, you may not and shall not commence any action or proceeding against any of the Chamber Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.

  7. Membership Types; Service Fees; Payments.

    1. Types of Membership: Membership can come in many forms from single day passes to multi-month spaces. All current Memberships are defined on the web site (www.workhubonunion.com).

    2. Monthly Fees: The Monthly Fee, per month, shall be payable monthly in advance, on or before the first day of each and every month, to the Chamber; and in respect of any broken period a pro-rata adjustment shall be made in the sole discretion of the Chamber.

    3. Recurring Services: Recurring services requested by you are payable monthly in advance. Unless otherwise agreed in writing, these recurring services will be provided at the specified rates for the duration of this Agreement (including any renewal hereof). You must provide at least 1 (one) months’ notice to the Chamber in writing to terminate such recurring services.

    4. Payment and Authorization: You authorize the Chamber to accept payment of all amounts specified in the Agreement solely by credit card; debit card; online transfer or direct withdrawal from your bank account. You must inform the Chamber promptly of any changes to account information and ensure all credit and debit card information is updated prior to its expiration date. If you pay via online transfer or direct withdrawal, you agree to maintain sufficient funds in the account to pay fees described in the Agreement and to inform the Chamber promptly of any changes to this account. Only a single checking or savings account or credit card account may be used at any given time to make payments under this Agreement. If payment via credit card fails on two occasions, the Chamber may require you to make payments via direct withdrawal. Any fees associated with bounced checked may be billed to you. Further, you are liable for legal actions under Section 138, Section 139, Section 141 and other applicable provisions of the Negotiable Instruments Act, 1881.

    5. Payment Contact and Account Changes: You shall promptly notify the Chamber of any change to your contact and payment information.

    6. Billing Schedule: All membership invoices will be generated 10 days before the end of the month for the next month’s services and delivered or mailed to you on the registered e-mail provided by you. You should review all charges upon receipt. The Chamber will charge or debit your account five (5) days following the invoice issue date, for all charges due for the next month and any overages from the previous month. All payments must be received in full no later than the due date which will be the last day of the invoice issue month. Accounts are considered past due if payment has not been received by end of day of the due date.

    7. Past Due Payments/Late Payment: Should payment not be received in full after processing on the due date, the Chamber reserves the right to release any spaces that have been allocated to you at the time of your current membership term expiration.

    8. Late Fees: If payment for monthly membership fee(s) or any other accrued and outstanding fee(s) is not made by the due date, you will be assessed a late fee of five (5%) percent of the unpaid balance per day of default and in case of no payment the same late fees shall be assessed until such payment, including any and all late fees incurred, is paid in full.

    9. Insufficient Funds Fees: Should your payment be returned for insufficient funds, a charge will be added to the current bill and the total amount due for the current month will be increased by five (5%) percent of the amount owed and in default per day until such payment, including relevant late fees and insufficient funds fees, are paid in full.

    10. Key Fob Replacement Fee: If any member shall require a replacement key fob for any reason, a fee of $20 shall be charged for each replacement key fob.

    11. Outstanding Fees: The Chamber may withhold services or terminate this Agreement if any outstanding fees are due beyond the due date including but not limited to building and network access. When the Chamber receives funds from you, the Chamber will first apply funds to any balances which are in arrears and to the earliest month due first. Once past balances are satisfied, any remaining portion of funds received will be applied to current fees due.

    12. Changes to Fees: Membership fees shall not change during the term of this Agreement. Other service fees are subject to increase from time to time, in the sole discretion of the Chamber. The Chamber will provide you with reasonable notice prior to fee increases for any such services.

    13. Refunds: The Chamber memberships and associated fees are not refundable once payment is processed. Refunds may be issued when billing errors occur, but in any case, shall be subject to the sole discretion of the Chamber.

    14. Notice of changes: The Chamber will provide reasonable notice to you of any changes to services, fees, or other updates on the email addresses provided. It is your responsibility to read such emails and keep your e-mail address updated with The Chamber.

  8. 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 this TOU or any notice from the Chamber as may be provided from time to time in the sole discretion of the Chamber. You may not use the Services in any manner that could damage, disable, overburden, or impair any Chamber server, or the networks(s) connected to any Chamber 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, connect to any Chamber 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 and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation in or use of the Services will not conflict with or result in any breach or any license, contract, agreement or other instrument or obligation to which you are a party.

  9. Use of Services. You agree that when participating in or using the Services, you will not:

    1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);

    2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;

    3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.

    4. 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 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;

    5. 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;

    6. Upload files that contain viruses, 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 to another;

    7. Download any file(s) that you know, or should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

    8. Restrict or inhibit any other user from using and enjoying the Services;

    9. Violate any code of conduct of other guidelines which may be applicable for any Service (including the Building Rules for 33 Union Street).

    10. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;

    11. Violate any applicable laws or regulations; and

    12. Create a false identity for the purpose of misleading others; or

    13. Violate any rules or instructions as may be established by the Chamber or its designees from time to time.

  10. Disclosure. The Chamber reserves the right at all times to disclose any information about you and your participation in and use of the Services as the Chamber deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

  11. Insurance. You are responsible for maintaining, at your own expense and at all times during the term of this TOU, insurance in form and amount appropriate to your business.

  12. Disclaimer of Warranties.

    1. The Chamber is providing Services on an “as is” and “as available” basis. To the extent permitted by law, the Chamber disclaims all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of its services, or any other materials on or accessed via its services, or the accuracy, speed, availability or uptime of the services, network, or data, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.

    2. Your access to the connection is at the discretion of the Chamber. Your access may be blocked, suspended or terminated at any time and for any reason, including violation of these terms of service, disruption of access to other users or networks or to otherwise protect the Chamber or its users or other third parties. The connection is available to your device only when it is within wireless range of the Chamber access points or in a workspace or a conference room through an ethernet cable to a data network port. The connection is subject to unavailability, including by reason of emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. The Chamber is not responsible for any interruptions or performance issues with the connection, or the underlying networks, transmission equipment and systems and any kind of connection or power outages or interruptions which are beyond the control of the Chamber. Network speed will vary based on your device configuration, location, compression, network congestion and other factors. You are solely responsible for any devices, software, or other materials necessary for use of the connection. Further, any identified prohibited uses may result in the removal of prohibited content, account de-activation, or access/usage termination.

    3. You acknowledge that no data network and internet-based communication is entirely secure, such communications could be intercepted by equipment and software, and no such communication should be considered private or protected.

    4. The Chamber respects the privacy of its users in the communications they send and receive over the connection. Subject to applicable law and in accordance with its privacy policy, the Chamber has the right, but not the obligation, to monitor, intercept and review, and disclose, without further notice, any transmissions over or use of its connection to comply with lawful process, orders, warrants or subpoenas, or to protect its rights, property, and users. The Chamber may also use information you provide to us through connecting to its data network to analyze and improve its services including through the use of analytics.

  13. Severability. Each of the covenants and agreements set forth in this TOU are separate and independent covenants, each of which has been separately bargained for and the parties intend that the provisions of each covenant shall be enforced to the fullest extent permissible; provided, however, that, if any provision of this TOU is held to be illegal, invalid or unenforceable under any applicable present or future law, (a) the illegal, invalid or unenforceable provision shall be fully severable, (b) this TOU shall be construed and enforced as if the illegal, invalid or unenforceable provision was not a part hereof, (c) the remaining provisions of this TOU shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom, (d) the parties shall substitute, in lieu of the illegal, invalid or unenforceable provision, a legal, valid and enforceable provision as similar in terms to the illegal, invalid or unenforceable provision as possible in order to accomplish the original intent and purposes of the parties hereunder, and (e), without limitation upon the generality of the remainder of this Section 13, the parties waive, to the maximum extent permitted by applicable law, any provision of applicable law that renders any provision hereof illegal, invalid or unenforceable in any respect.

  14. Notices. Any and all notices under this TOU will be given via email to you and will be effective on the first business day after being sent. All notices will be sent via email to the email address given by you, except as otherwise provided in these TOU.

  15. Right to Access. The Chamber agents may enter any and all spaces in the event of an emergency, to make repairs or improvements, or to show to prospective members. The Chamber may also enter any and all spaces to conduct annual inspections to check for safety or maintenance problems. Except in the case of an emergency, the Chamber shall give you twenty-four (24) hours’ notice before entering.

  16. No Assignment. You may not transfer or otherwise assign any of your rights or obligations under this TOU (including by operation of law). The Chamber may assign this TOU without your consent.

  17. Pets. No pets will be allowed on Chamber premises except properly trained and certified service and/or comfort animals needed by blind, deaf, or disabled personal. In such a case, proof of proper certification or satisfactory evidence of the individual’s need for said service and/or comfort animal shall be provided to the Chamber in advance of entering the premises. The Chamber reserves the right to deny entrance of such service and/or comfort animals if such proof of need as provided is not satisfactory to the Chamber in its sole discretion.

  18. Confidentiality.

    1. 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 the Chamber or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of the Chamber, any analyses, compilations, studies or other documents prepared by the Chamber or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.

    2. Your participation in and/or use of the Services obligates you to:

      1. maintain all Confidential Information in strict confidence;

      2. not to disclose Confidential Information to any third parties;

      3. not to use the Confidential Information in any way directly or indirectly detrimental to the Chamber or any participant or user of the Services.

    3. All Confidential Information remains the sole and exclusive property of the Chamber or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of the Chamber or any participant or user of the Services.

  19. Guests. Your membership is intended for the use of the person to which it is issued and is not intended to provide access and use to other parties. Guests are not permitted other than in connection with conference room bookings as may be approved by the Chamber or its designees. If you have booked a conference room, guests may be registered and given access to the booked conference room, and the number of guests is limited to the number of people permitted in the booked conference room. The guests will be permitted to access the premises only during a booking period. The Chamber reserves the right, in its sole discretion and at any time, to restrict the access of guests if any use violates the purpose or intent of your membership.

  20. Survival. Even after your use of the Services expires or is terminated, certain terms in this TOU will remain in effect. All terms that by their nature may survive termination of this TOU shall be deemed to survive such termination as well as all other provisions of this TOU expected to survive the termination or expiration of this TOU (including, without limitation, Section 6).

  21. Headings. The section headings throughout this TOU are for convenience and reference only, and words contained therein shall in no way be held to explain, modify, simplify or aid in the interpretation, construction or meaning of the provisions of this TOU.

  22. Governing Laws; Venue; Personal Jurisdiction. This TOU shall be interpreted and construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all claims, controversies, and causes of action arising out of or relating to this TOU, whether sounding in contract, tort, or statute, shall be governed by the laws of the Commonwealth of Massachusetts, including its statutes of limitations, without giving effect to any conflict-of-laws rule that would result in the application of the laws of a different jurisdiction. Each party hereby (a) irrevocably submits and consents to the exclusive jurisdiction and venue of the General Court of Justice of the Commonwealth of Massachusetts for Hampden County as well as all respective appellate courts therefrom, (collectively, the “Courts”) over any action, suit or proceeding arising out of or relating to this TOU, (b) consents to the exercise of personal jurisdiction thereover and venue in the Courts and hereby waives any objection and defense to the exercise of personal jurisdiction or venue, (c) covenants that it will not commence any action, suit or proceeding arising out of or relating to this TOU except in the Courts, and (d) agrees that (i) any action brought in contravention of this Section 22 is subject to dismissal at any time and at any stage of the action, suit or proceeding, and no action taken by the other party in defending, counterclaiming or appealing shall be construed as a waiver of this right to immediate dismissal and (ii) a party bringing an action in contravention of this Section 22 shall be liable to the other party for the costs, expenses and attorneys’ fees incurred in successfully dismissing the action or successfully transferring the action to the Courts. No provision of this Section 22 shall be construed, however, to affect the right of any party to enforce a judgment rendered by the Courts in any other jurisdiction.

  23. Chamber Intellectual Property. You may not take, copy or use for any purpose (a) the name “Chamber”, “Easthampton Chamber”, “Greater Easthampton Chamber”, “The Chamber of Greater Easthampton”, “WorkHub on Union” or any of its other business names, trademarks, service marks, logos, designs, copyrights, patents, trade secrets, trade dress, marketing material, other identifiers or other intellectual property (collectively, the “Intellectual Property”), (b) any derivations, modifications or similar versions of the same or (c) any photographs or illustrations of any portion of the premises, for any purpose, including competitive purposes, without the Chamber’s prior written consent; provided, however, that, during the term, you will be able to use “The Chamber of Greater Easthampton” in plain text to accurately identify an address or office location. You acknowledge that the Chamber owns all right, title and interest in and to its Intellectual Property. You may not file for ownership rights of any of its Intellectual Property with any governmental authority or use its Intellectual Property in any advertising, including domain names, social media handles, or any form of media invented in the future. You may not, directly or indirectly, interfere with or object to, in any manner, its ownership rights or the use of its Intellectual Property or engage in any conduct that is likely to cause confusion between the Chamber and you.

  24. Maintenance.

    1. Regular maintenance of the office space will be provided by the Chamber. The premises will be professionally cleaned regularly and as needed. Any maintenance resulting from damage, misuse or mistreatment by you or your guests will be billed to you in your next monthly membership bill at up to the actual cost.

    2. You agree to: (1) keep the premises clean, sanitary and in good condition and, upon termination of the membership, return the premises to the Chamber in a condition identical to that which existed when you took occupancy, except for normal wear and tear; (2) immediately notify the Chamber of any defects or dangerous conditions in and about the premises of which you become aware; and (3) reimburse the Chamber for the cost of any repairs to the premises resulting from damage, misuse or mistreatment by you or your guests.

    3. Except as provided by law or as authorized by the prior written consent of the Chamber, which consent may be withheld at the sole discretion of the Chamber, you will not make any repairs or alterations to the premises.

    4. Except as authorized by the prior written consent of the Chamber, which consent may be withheld at the sole discretion of the Chamber, you will not alter, rekey or install any lock or duplicate keys to the premises or workspaces provided or alter any security alarm system. You will provide the Chamber with a key or keys capable of unlocking all such rekeyed or new locks as well as instructions on how to disarm any altered or new security system.

  25. Security: The Chamber provides you with 24/3 key fob access. Each member will be able to choose three (3) weekdays on which they shall have 24-hour access to their designated workspace via their programmed key fob. For the remaining days which are not selected for such 24-hour access, the members’ designated workspace shall be accessible during Regular Business Hours, as hereinafter defined. Key fob access is available at the main entrance only. All exterior doors are to remain closed at all times until expressly opened by the Chamber agents. The Chamber is equipped with security cameras throughout the space. For security reasons, the Chamber may regularly record via video, certain areas on the premises. You shall safeguard the Chamber property. Further, you will be liable for replacement fees should any such property be lost, stolen or destroyed and such replacement fees will be billed to you in your next membership bill at up to the actual cost in the sole discretion of the Chamber.

  26. Dispute Between Members.

    1. The Chamber does not control and is not responsible for the actions of other members. If a dispute arises between members or their guests, the Chamber shall have no responsibility or obligation to participate, mediate or indemnify any party. The Chamber does reserve the right to terminate Membership immediately, without refund, if any such dispute becomes disruptive to other members on the premises.

    2. Harassment of any kind will not be tolerated and will result in immediate termination of membership without refund.

  27. Relationship of the Parties. You and the Chamber are independent contractors, and no agency, partnership, or joint venture relationship is intended or created by the TOU or otherwise. You will not in any way misrepresent this relationship.

  28. Extraordinary Events. The Chamber will not be liable for, and will not be considered in default or breach of this TOU on account of, any delay or failure to perform arising out of or caused by, directly or indirectly, forces that are beyond its reasonable control, including, without limitation, any acts or orders of Government, acts of God, epidemics or pandemics, public health emergencies or any other Force Majeure event as further described in Section 35 hereof.

  29. Interpretation. This TOU was negotiated by the parties and is to be deemed to have been prepared jointly by the parties after arms-length negotiations and constitutes a free bargain between the parties, and any uncertainty or ambiguity existing herein shall not be interpreted against any party—and any rule of construction or interpretation otherwise requiring this TOU to be construed or interpreted against any party shall not apply to any construction or interpretation hereof—but according to the application of the rules of interpretation of contracts. Further, in this TOU, unless an express contrary intention is herein set forth, (a) the singular number includes the plural number and vice versa, (b) “hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this TOU as a whole and not to any particular section or other provision hereof, (c) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term, (d) “or” is used in the inclusive sense of “and/or,” (e) references to one gender includes the other gender, (f) references to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof, (g) references to any laws means such laws—including, but not limited to, statutory laws, rules, regulations, court decisions or constitutional provisions from time to time in effect—as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder, and reference to any section or other provision of any laws means that provision of such laws from time to time in effect and constituting the substantive amendment, modification, codification, replacement or reenactment of such section or other provision, and (h) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, exhibits, schedules or amendments thereto.

  30. Compliance with Laws. You agree to comply with all laws and regulations of any kind which may be presently in effect or become effective in the future. Failure to ensure such compliance will result in immediate termination of your membership without refund.

  31. No Third-Party Beneficiaries. You agree that there shall be no third-party beneficiary of this TOU.

  32. Counterparts and Electronic Signature. This TOU may be executed in any number of counterparts by either handwritten or electronic signature, each of which when executed shall constitute an original, but all the counterparts shall together constitute the one agreement in accordance with applicable law. This TOU may be executed using electronic means and the use of electronic signatures by the parties will have the same full force and legal effect as if the electronic signatures were traditional hand-written signatures in accordance with applicable law. You acknowledge that you can retain this TOU either by printing or saving it.

  33. Mail/Shipments. The Chamber will not accept, hold, nor be responsible for any mail, packages, or deliveries received for any members, regardless of membership type or status . All mail, packages, or deliveries of any kind received for members of any kind, including without limitation, expired members, will be returned to sender.

  34. Staff on site. The Chamber intends to make reasonable efforts, but does not guarantee to have staff available on-site during Regular Business Hours. “Regular Business Hours” are generally from 9:00 A.M. to 2:00 P.M., Monday through Friday. National, public and state holidays are not considered a regular business day. The Chamber reserves the right to adjust Regular Business Hours, in its sole discretion, and will make good faith efforts to provide at lease twenty-four (24) hours’ notice to you of such adjustments.

  35. Force Majeure. In the event the premises are destroyed or damaged, at any time, by any event falling within the term “force majeure”, this Agreement shall come to an end on the Chamber giving you notice in writing to that effect. For purposes of this Agreement, “force majeure” shall mean any Act of God, fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, pandemics or public health emergency such as COVID-19, inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of government or civil or military or naval authorities, or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of such party. The Chamber shall, within two (2) weeks of giving notice that this Agreement has come to an end pursuant to this Section 35, refund to you any pre-paid fees paid by the you after adjusting therefrom all amounts due for the past period up to the date of occurrence of the event of force majeure and payable by you under this Agreement.