TERMS & CONDITIONS

1. Acceptance of the Terms and Conditions
These terms and conditions are entered into by and between you and ActivSpace LLC (“ActivSpace”,” “we,” or “us”). The following terms and conditions, together with any documents expressly incorporated into the terms and conditions by reference (collectively, the “Terms”), govern your access to and use of https://activspace.com, including any content, functionality and services offered on or through the https://activspace.com website (the “Website”). Please note there could be additional terms for that apply to your use of our spaces.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, AS THESE TERMS AFFECT YOUR ‎‎LEGAL RIGHTS. BY AGREEING TO BE BOUND BY THE TERMS, YOU AGREE THAT ALL DISPUTES BETWEEN ‎‎YOU AND ACTIVSPACE WILL BE RESOLVED BY BINDING ARBITRATION. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING ‎UP ‎THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE ‎‎DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN YOU AND ACTIVSPACE WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND YOU WAIVE ‎‎YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS OR MASS ARBITRATION OR CLASS ACTION‎ IN COURT.

Our Privacy Policy, found at https://activspace.com/privacy-policy, explains how we collect and use personal information. Your acceptance of these Terms constitutes your consent to all actions that we take with respect to your personal information, consistent with our Privacy Policy and applicable laws.

The Website is offered and available to users who are eighteen (18) years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with ActivSpace and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to the Terms
We may revise these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to, and use of, the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security
We reserve the right to amend, limit access to, or entirely take down and eliminate the Website and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time and for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register on the Website or otherwise, is governed by these Terms and you consent to all actions we take with respect to your information consistent with our Privacy Policy (found at https://activspace.com/privacy-policy) and applicable laws.

4. Intellectual Property Rights
The ActivSpace name, trademark, logo, and all related names, trademarks, logos, service names, designs, and slogans are trademarks of ActivSpace‎. You must not use such marks without the prior written permission of ActivSpace‎. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by ActivSpace‎, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, and other intellectual property and proprietary rights laws.

You must not (and you agree you will not) copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material made available on the Website, except as follows:

  • Your computer might temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • Your computer might store files that are automatically cached by your Web browser for display enhancement purposes.

Further, you must not (and you agree you will not) access or use the Website or any services or materials available through the Website for any commercial purposes, except to the extent that ActivSpace has permitted such use in connection with your work on behalf of your employer and your employer’s rental of space from ActivSpace.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, we have the right to suspend and permanently limit your access and use of the Website immediately.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by ActivSpace. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

5. Additional Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You must not, and you agree you will not:

  • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, but not limited to, any laws regarding the export of data or software to and from the United States or other countries).
  • Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Use the Website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Use the Website to impersonate or attempt to impersonate ActivSpace‎, an ActivSpace employee, another user, or any other person or entity (including, but not limited to, by using email addresses associated with any of the foregoing).
  • Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm ActivSpace‎ or users of the Website, or expose them to liability.
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices.

6. User Submissions
You might send us certain specific submissions, such as creative ideas, reviews, suggestions, photographs, plans, or other materials, whether through the Website, on social media channels, by email, by postal mail, or otherwise (together, “Submissions”). You agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use Submissions in any medium. We are and shall be under no obligation to (a) maintain Submissions in confidence; (b) compensate you for Submissions; (c) respond to Submissions; or (d) use Submissions. You waive all claims against ActivSpace for any violation of copyrights, trademark rights, rights of privacy, rights of publicity, or other rights, and you waive all claims against ActivSpace for defamation or other personal torts, arising from ActivSpace’s use of the Submissions you provide. We have the right, but not the obligation, to monitor and edit or remove any Submissions.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR SUBMISSIONS YOU PROVIDE AND THEIR ACCURACY. YOU REPRESENT AND WARRANT TO US THAT YOU OWN—OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE US TO USE—SUBMISSIONS YOU PROVIDE IN THE MANNER CONTEMPLATED BY THESE TERMS.

You agree that your Submissions will not violate any right of any third party, including, but not limited to, copyrights, trademark rights, privacy rights, rights of publicity, or other personal or proprietary rights. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, and will not contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. We take no responsibility and assumes no liability for Submissions posted by you or any third party. You agree that your Submissions will not contain:

  • Statements about an ActivSpace location or private space you have not personally used, examined, or evaluated or statements about an experience with ActivSpace that is not your own.
  • Statements that do not reflect your bona fide, honest opinions, findings, beliefs, or experiences.
  • Deceptive, misleading, untruthful, or unsubstantiated claims about ActivSpace or its services or locations.
  • Our intellectual property (e.g., trademarks, logos, designs, or images) without our prior written consent.
  • Our proprietary or confidential information or any personal information of you or any third party.
  • Content that:
    • is, or may reasonably be considered to be, hate speech.
    • promotes bigotry, racism, hatred, or harm against any group or individual.
    • promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age, family status, or any other legally-protected class.
    • is lewd, obscene, sexually explicit, pornographic, inappropriate, or indecent.
    • is hateful, tortious, defamatory, slanderous, or libelous; or
    • is related to tobacco, alcohol, illegal drugs, or any criminal or illegal activity.

Submissions and other third party content may be available on or through the Website. You acknowledge that such third party content is not endorsed by us, and does not reflect our opinion, recommendation, or advice in any manner. You understand that by accessing and using the Website, you may be exposed to Submissions and other content from a variety of sources that are inaccurate, offensive, or objectionable; and you hereby waive any legal or equitable rights or remedies you have or may have against ActivSpace with respect thereto.

7. Monitoring and Enforcement; Termination
We have the right to:

  • Take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, but not limited to, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law ‎enforcement authorities or court order, requesting or directing us to disclose the identity or ‎other information of anyone who has used the Website. YOU RELEASE AND HOLD HARMLESS ‎ACTIVSPACE AND OUR LICENSORS AND SERVICE PROVIDERS FROM ALL ‎CLAIMS AND LIABILITY RESULTING FROM ANY ACTION TAKEN BY US ‎OR LAW ENFORCEMENT AUTHORITIES IN ACCORDANCE WITH THIS SECTION OR THESE TERMS.‎

8. Reliance on Information Posted; Disclaimer
The information presented on the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website might include content provided by third parties. All statements and/or opinions expressed in such content‎, are solely the opinions and the responsibility of the person who, or entity that, provided such content. The content does not necessarily reflect the opinion of ActivSpace‎. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9. Updates to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website could be out of date at any given time, and we are under no obligation to update such material.

10. Links from the Website
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of the linked websites or resources, and we accept no responsibility or liability for them or for any loss or damage that could arise from your use of them. If you decide to access any of the third party websites linked to from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for, and privacy practices of the owners of, such websites.

11. Geographic Restrictions
We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12. Disclaimer of Representations and Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACTIVSPACE‎ NOR ANY PERSON ASSOCIATED WITH ACTIVSPACE‎ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ACTIVSPACE NOR ANYONE ASSOCIATED WITH ACTIVSPACE REPRESENTS OR WARRANTS THAT (i) THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; (ii) DEFECTS WILL BE CORRECTED; (iii)THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iv) THE WEBSITE, ITS  CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ACTIVSPACE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PART RIGHTS, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY REPRESENTATIONS OR WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACTIVSPACE OR ITS PAST, PRESENT, OR FUTURE AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (i) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES; (ii) DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS OR ANTICIPATED BENEFIT, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA; AND (iii) ALL OTHER DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Indemnification
You agree to defend, indemnify, and hold harmless ActivSpace‎ and its past, present, and future affiliates, successors, assigns, licensors, service providers, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees), arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, information, and services provided through the Website, other than as expressly authorized in these Terms.

15. Governing Law
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including contractual and non-contractual disputes and claims), shall be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would result in the application of the laws of any other jurisdiction.

16. Dispute Resolution and Binding Arbitration
If a dispute arises from or relates to these Terms, the Website, or the content, information, or services provided through the Website, and if such dispute cannot be settled through direct discussions between the parties within sixty (60) days, then the matter will be submitted to arbitration. The arbitration will be ‎administered by the American Arbitration Association (“AAA”) in accordance with the ‎Consumer Arbitration Rules (the “AAA Rules”) then in effect. The AAA Rules are available at https://www.adr.org/media/ea1f5ds1/non-binding-consumer-arbitration-rules.pdf. The Federal Arbitration Act ‎will govern the interpretation and enforcement of this Section 16. The arbitrator will have ‎exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this ‎arbitration provision, including any unconscionability challenge or any other challenge that the ‎arbitration provisions in this Section 16 or that these Terms are void, voidable, or otherwise invalid. The arbitrator will ‎be empowered to grant whatever relief would be available in court under law or in equity. Any ‎arbitration award will be final and binding on each of the parties and may be entered as a ‎judgment in any court of competent jurisdiction. With respect to any arbitration hereunder, as ‎stated above, you hereby expressly waive any right to consolidate any claim and/or participate in ‎any class-action claim of any kind or nature.

BY USING THE WEBSITE, YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE ‎CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ‎ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER ‎RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MIGHT ALSO BE ‎UNAVAILABLE OR MIGHT BE LIMITED IN ARBITRATION. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ANY CLAIM, ‎DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR ‎OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND ‎INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, ‎INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU ‎AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, ITS CONTENT OR INFORMATION, OR SERVICES OBTAINED THROUGH THE WEBSITE, WILL BE RESOLVED ‎EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THIS SECTION 16 PROVIDES YOUR SOLE RECOURSE FOR THE ‎SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE FOREGOING.

IF ANY ‎PROVISION OF THIS CLAUSE IS FOUND UNENFORCEABLE, SUCH UNENFORCEABLE PROVISION WILL BE REMOVED ‎AND THE REMAINING TERMS WILL BE ENFORCED.‎

17. Equitable Relief; Jurisdiction and Venue
Notwithstanding the requirement that you and ActivSpace arbitrate disputes (as set forth in Section 16), you acknowledge and agree that any breach or threatened breach of these Terms will cause irreparable harm and injury to ActivSpace for which money damages would be an inadequate remedy and that, in the event of such breach or threatened breach, ActivSpace is entitled to equitable relief (such as injunctive relief) as a remedy without posting a bond or other security. You waive any claim or defense that ActivSpace has an adequate remedy at law in any such proceeding. Nothing herein shall limit the equitable or available remedies at law for ActivSpace.  

In the event ActivSpace seeks equitable relief referenced in the paragraph above or if either party seeks to enter an arbitration award as a judgment, you and ActivSpace agree that any legal action arising out of, or related to, these Terms, the Website, or the content, information, or services provided through the Website, shall be instituted exclusively in the federal and state courts located in King County, Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE, ITS CONTENT OR INFORMATION, OR SERVICES OBTAINED THROUGH THE WEBSITE, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Waiver and Severability
ActivSpace’s failure to enforce any right or provision of these Terms will not constitute a waiver of ‎future enforcement of that right or provision. The waiver of any right or provision will be ‎effective only if in writing and signed by a duly authorized representative of ActivSpace. ‎If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of the Terms will continue in full force and effect.

20. Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and ActivSpace with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

21. Your Comments and Concerns
Questions about the Terms and all feedback, comments, requests for technical support, ‎and other communications relating ‎to ‎the ‎Website should be submitted on our Contact ‎Page. ‎

You can also contact us by phone at (206) 784-7000. ‎