Legal & Privacy Policy

 

Who we are

Our website address is: https://weare1909.org

What personal data we collect and why we collect it

  • Comments: When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
  • Media: If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

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  • Embedded content from other websites: Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

  • Who we share your data with:
  • How long we retain your data: If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
  • What rights you have over your data: If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
  • Where we send your data: Visitor comments may be checked through an automated spam detection service.

Your contact information

Additional information

How we protect your data

What data breach procedures we have in place

What third parties we receive data from

What automated decision making and/or profiling we do with user data

Industry regulatory disclosure requirements

 

 

LEGAL

An Agreement with Palm Beach Tech Foundation, Inc. at 313 Datura St, West Palm Beach, FL 33401 (hereby referred to as “1909”) and the accepting party (hereby referred to as “Client”).

1909 provides to the Client the Office Space (also referred to as “Office”) and Services as set forth in this Membership Agreement. 1909 will provide to the Client the non-exclusive license to use 1909 facilities and Services in common with others.

1909 hereby provides the following Services under this Agreement and Client hereby accepts the Services from 1909 for an “Initial Term” beginning (month/day/year) ____________ and ending when either the Client or 1909 give necessary prior written notice to either party of cancellation as contemplated herein.  Client hereby represents that this Agreement shall not be construed as creating a landlord-tenant relationship, nor shall the payment of any sums pursuant to this Agreement entitle the Client to possess the Office Space located in 1909.

HOURS & ACCESSIBILITY: 1909 reserves the right to change Office hours at anytime with written notice to Client.  The Office is closed during national holidays and may not be accessible during certain events such as adverse weather, etc.  Access to the Office Space is granted only to the Client and Client may not transfer, assign or sub-license this membership.

Hours of Operation: Monday – Friday 8:30am – 5pm

Saturday and Sunday will be available for workshops and events

(Additional hours may be available at an additional charge)

SHARED MEMBERSHIP SERVICE FEE STRUCTURE: With the exception of 1909 events, a Client visit to 1909 regardless of the time spent on the premises constitutes ONE day.  Shared Space is made available on a first come, first serve basis. Only designated shared desks can be used and workstations/desks may change in size or location within the Office.  If a shared workspace is not available, the Client will be given the option to use another available space at the Office.

DEDICATED MEMBERSHIP SERVICE FEE STRUCTURE: Dedicated space, whether dedicated workstation or private office, is made available to the client on a permanent basis during the extent of their contract.  Only the Client’s specified dedicated workstation or office can be used and may change in size or location within the Office.

Name Type Price/ Access
Community Membership Shared Space $50 Per Month*
Dedicated Desk Membership Dedicated Space $350 – 24/7 Access
Private Office Membership Large Office $1500 Per Month – 24/7 Access
Private Office Membership Medium Office $1250 Per Month – 24/7 Access
Private Office Membership Small Office $750 Per Month – 24/7 Access

*During Operating Hours Only (Mon-Fri 8:30-5pm)

PAYMENT, INVOICING, & LATE FEES: Fees are payable in advance, not in arrears. Upon signing of this Agreement, Client shall pay 1909 any, and all, membership dues and fees as listed as per the Client’s individual Agreement. Failed payment renders this Agreement null and void.  All Clients must keep a credit card on file with 1909 and advance payment via automatic recurring credit-card payment is required on the same billing day per month as the membership commencement day. Invoices will be emailed to Client monthly using the email address provided by Client in this Agreement.  Client authorizes 1909 to debit Client’s credit card monthly for the agreed upon membership fees and for any fees incurred for Services Client has used. Client is responsible for notifying 1909 in writing of any exception that Client may have to the charges documented in the invoices before Client’s next billing period. Absent the Client providing such notification, 1909 is authorized to charge the transactions against Client’s account for payment in full of the amount on invoices provided. This authorization is to remain in full force and effect until 1909 has received a minimum prior written notice from Client of termination of 1909 membership and/or Services as contemplated herein. Once a monthly term commences, total monthly charges will be billed and no refunds will be given. 1909 reserves the right to charge late fees, withhold Services, and/or terminate membership if payments are not received on time. 1909 reserves the right to change Fees at any time with 30 days prior written notice to Client to be effective on Client’s membership Renewal Date. Client must give written cancellation request to 1909 at least seven (7) business days prior to billing date.

PROPERTY TAXES AND LICENSES: The Client is responsible for maintaining personal and business licenses, permits, and any requirements set forth by the City of West Palm Beach, Palm Beach County, the State of Florida, and the Federal Government related to his/her business. 1909 is not responsible for any business that does not abide by regulations or permit usage.

TERMS OF USE (“TOU”)

ACCEPTANCE OF TERMS: The services 1909 provides to the undersigned Client (including but not limited to) are use of the space (located at 313 Datura Street, Suite 200, West Palm Beach, FL 33401), access to internet, etc., and all are subject to the following Terms of Use (hereby referred to as “TOU”).

1909 reserves the sole right to modify or discontinue 1909’s Service(s) and/or modify and update the TOU (as well as, the Community Guidelines referenced in this Agreement) at any time with or without notice to Client. 1909 will use commercially reasonable efforts to notify Client of any updates within (five) 5 days of their enactment using the email contact information provided in the Agreement and it is Client’s responsibility to update Client’s contact information to ensure delivery and receipt of such notices. Any failure by 1909 to enforce or exercise any provision of the TOU or related right shall not constitute a waiver of that right or provision.

PERMITTED USE: Client shall be entitled to use 1909 solely for office and business oriented purposes as listed in this Agreement.  The Client understands that no other type of business or service can be provided in 1909 without written approval.

NO UNLAWFUL OR PROHIBITED USE: The Client will not use the Services for any purpose that is unlawful or prohibited by these TOU, Agreement, and/or that are prohibited by 1909’s Community Guidelines. Client acknowledges that Client is participating in or using the Services at Client’s own free will and decision. Client hereby represents and warrants that Client has all requisite legal power and authority to enter into this Agreement and abide by this TOU and Agreement and no further authorization or approval is necessary. Client further represents and warrants that Client’s 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 Client is a party.

DESCRIPTION OF SERVICES: 1909 may provide Client with access to Office Space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services as 1909 may provide from time to time (collectively, “Services”). The Services at all times are subject to the membership Agreement and TOU.

UNACCOMPANIED GUESTS: Client shall not allow any other person or entity to use 1909’s facility without being accompanied by Client.

CONTACT INFORMATION, EMAIL LIST, NOTICES, & PRIVACY POLICY: 1909 requires the contact information of all those using the Office Space on a regular basis. Client will be auto-subscribed to 1909’s Email List using email provided by Client. Client acknowledges that all Clients agree to be subscribed to 1909’s Email List and agree to receive community/member emails as part of Client’s obligations and duties to 1909. It is Client’s responsibility to stay informed of 1909’s new policies, announcements, and other information pertaining to Member Services and/or 1909 Office Space. 1909 will not release the Client’s personal information and/or emails to third parties unless we are required to do so by law. Notices to 1909 must be sent to the attention of Member Services at hello@weare1909.org by email or to 1909, 313 Datura St, Suite 200, West Palm Beach, FL 33401 by conventional mail.

USE OF SERVICES: Client waives all rights and acknowledges that 1909 does not have any liability with respect to Client’s access, participation in, use of Services, or any loss of information resulting from such participation or use. 1909 will use commercially reasonable efforts to ensure electricity, heat, AC, and Internet uptime but does not guarantee 100% uptime for all Services and is not responsible for losses incurred to Client during downtime and/or circumstances beyond 1909’s reasonable control. Client understands and agrees that 1909 Services are provided “AS IS” and that temporary interruptions, disruptions, and/or delays of 1909 Services may occur as normal events and 1909 is not to be held responsible and/or accountable in any way for such event. Client agrees that 1909 shall not be held liable for any damage resulting to the computer systems, hardware, software, files, and business of Client, its agents, assigns, employees, affiliates and customers due to use and/or installation of said software/drivers, irrespective of negligence on the part of a third party vendor or agent of 1909.

Internet Policy: Wireless access to the Internet is provided during Client’s membership.  Service interruptions, if they occur, will be handled as promptly as possible. 1909 is not responsible for any data, business or other losses as a result of such interruptions. Client is responsible to protect Client’s own computer and data from electrical surges, theft, virus, or other malicious attack. 1909 does not take any responsibility for the security, content, network distribution, and use of any of the information that is processed, transmitted, received, or any other means communicated through the Internet service that is provided. 1909 is not responsible for any damages or losses that are the result of any security breaches of network services from the Internet or within the Office Space. Any misuse of the Internet and/or Services provided is grounds for termination of this Agreement.

Client agrees that when participating in or using 1909’s Services, Client cannot:

  1. Use the Services in any manner that could damage, disable, overburden or impair any of 1909 server or network(s);
  2. Disrupt or significantly slow down the remaining computers in the Office through excessive usage of internet services/bandwidth;
  3. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited message(s) (commercial or otherwise);
  4. Attempt to gain unauthorized access to any Services, accounts, computer systems or networks connected to any of 1909 server or to any of the Services, through hacking, password mining or by any other means;
  5. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through 1909’s servers, bandwidth, notice boards, events, and/or 1909 Services;
  6. Use any material or information, including images, files, photos, software or other material which are made available through the Services in any manner that infringe intellectual property laws, copyright, trademark, patent, trade secret, or other proprietary rights of any party;
  7. Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  8. Download any file(s) that cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
  9. Harvest, attempt to intercept, store, and/or otherwise collect information about others, including email addresses, without the knowledge and authorization or consent of the disclosing party
  10. Post or transmit content Client does not have the right to post or transmit;
  11. Post or transmit content that is unlawful, untrue, stalking, harassing, defamatory, abusive, threatening, obscene, hateful, harmful or otherwise objectionable as determined by 1909’s sole discretion;
  12. Use the Service/network to send altered, deceptive or false information;
  13. Interfere or attempt to interfere with access of any user, host or network, including without limitation, sending a “virus”, overloading, “flooding,” “spamming,” “crashing,’ or “mailbombing” the Service or any 1909 or related website or network;
  14. Install, maintain, damage, or otherwise locate at 1909 any computer server of any kind, whether hardware or software;

1909 Required Disclosures: 1909 reserves the right to disclose any information about Client and/or Client’s participation in and use of the Services 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, at 1909’s sole discretion.

Confidentiality: During Client’s participation in and use of the Services, Client may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by 1909 or any participant or user of the Services or any employee, affiliate, or agent thereof that is nonpublic, confidential, or proprietary in nature. Client participation in and/or use of the Services obligates Client to maintain all Confidential Information in strict confidence, not disclose it to any third parties and not to use it in any way directly or indirectly detrimental to 1909 or any participant or user of the Services. All Confidential Information remains the sole and exclusive property of 1909 or the respective disclosing party.

Exclusion of Incidental, Consequential and Other damages: To the maximum extent permitted by applicable law, in no event shall 1909 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 or 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, 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 1909, and even if 1909 has been advised of the possibility of such damages.

Limitation of Liability: 1909 and/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 under any provision of this TOU and Agreement shall have NO LIABILITY whatsoever to the Client or any related person. 1909 shall be fully excused from liability for non-delivery or delay in delivery of products and/or Services arising from any event beyond 1909’s reasonable control, including but not limited to, labor disturbance, war, fire, accident, adverse weather, transportation, government act or regulation.

Indemnification: Client releases, and hereby agrees to indemnify, defend and save harmless 1909, its parent company and any of 1909’s subsidiaries, Partners, Sponsors, 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 (including, without limitation, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of Client’s negligent actions, errors, and omissions, breach or violation of the rules and terms in this Agreement, willful misconduct, and/or fraud in connection with the participation in or sue of the Services. In the event that Client brings claim or lawsuit in violation of this Agreement, Client shall be liable for any attorneys’ fees and costs incurred by 1909 or its respective Offices and agents in connection with the defense of such claim or lawsuit. Client acknowledges that Client has an affirmation obligation to investigate all transactions, events, relationship services, and offers. In no event shall 1909 affiliates be liable to Client or any third part for any special, punitive, incidental, direct or indirect or consequential damages of any kind, or any damages whatsoever, arising out of or in connection with the use of 1909’s Office Space and/or Services, whether or not 1909 has been advised of the possibility of such damages. Further, 1909, its employees/agents, successors and/or assigns shall not be liable in any way for third party goods and/or services (such as, but not limited to, food drinks, events, offers, and/or promotions) offered the Office Space and/or provided by 1909 and/or third parties.

Property Loss, Damage Reimbursement, Indemnity: 1909 and its agents shall not be liable for loss of or damage to any property of Client, its agents and/or invitees, nor for any items lost due to theft or otherwise, nor for any injury or damage to persons or property resulting from any cause, including but not limited to negligence, acts of God, flood, fire, and riots. 1909 and its agents shall not be liable for any such damage(s) caused by other Clients or persons in, upon or about 1909 Office Space, and the Building, or caused by operations in construction of any private, public, or quasi public work.

Non-disparagement:  Client shall, during and after the participation in and use of the Services, not make any statements or comments of defamatory or disparaging nature to any third party regarding 1909, or any of 1909’s Officers, directors, employees, personnel, agents, policies, Services or products, other than to comply with law.

Warranties & Disclaimers: This section contains the only warranties made by 1909. Any and all other warranties of any kind whatsoever are expressly excluded and disclaimed. Client disclaims any implied warranty of habitability, merchantability and fitness for a particular purpose, whether as to the Office or components and Services associated with the Office Space, contents and fixtures, or components and services associated therewith. To the extent, permitted by law, 1909 is not liable for any consequential, incidental, indirect, economic or punitive damages incurred by the Client even if 1909 has been advised or put on notice of the possibility of such damage(s). Client shall liable to 1909 for all damaged caused to the Office Space and the contents thereof beyond regular wear and tear, due to any act or omission of Client, its agents, employees, and/or invitees. Client understands and agrees that 1909 shall have no liability whatsoever to anyone. 1909 provides the Services “AS IS” and with all faults, and hereby disclaims, with respect to the Services, all warranties and conditions whether express, implied or statutory, including, but not limited to, any warranties, duties, or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. 1909 makes no warranty that Services provided will meet Client’s requirements, will be uninterrupted, timely, secure, or error-free. Also, there is no warranty, duty or condition of title, quiet enjoyment, and quiet possession, corresponding to any description herein. The entire risk and/or liability as to the quality, or arising out of participation in or the use of the Service(s), remains with the Client.

Severability & Waivers: The TOU, Agreement, and Community Guidelines constitute the entire agreement between the parties pertaining to the subject matter contained therein, and supersede all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter. In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provision of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. No waiver shall be binding on 1909 (by any act or omission) unless executed in writing by an authorized representative of 1909. This TOU, the Agreement and Community Guidelines shall be binding on Client, Client’s heirs, legal representatives, successors and assigns. In no event may Client assign, in whole or in part, Client’s membership or use of the Services without the advanced written consent of 1909.

Insurance: Client, at Client’s expense, shall maintain at all times during the term of this Agreement, insurance covering Client for property damage, injury to Client, its agents, employees, or invitees, business interruption, personal injury, and any other type of insurance which may cover any foreseeable problems which may arise due to the Client’s use of the Office Space. Regardless of whether or not Client fails to carry such insurance, 1909, its related parties and/or building management shall not be liable in any manner for theft of or damage to any of Client’s personal property or any other damages incurred. Client represents that 1909 has informed Client that insurance must be maintained at all times and that failure to do so is at Client’s risk.

Governing Law & Compliance with Law: All notices under the TOU, the Agreement and Community Guidelines shall be effective immediately upon signing. Client shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Client’s use of the Office Space. The rights and obligations of hereunder shall be governed by, and this TOU, the Agreement and Community Guidelines shall be construed and enforced in accordance with, the laws of the State of Florida without regard to the conflict of laws thereof.