Terms and Conditions

These terms of use (“Terms of Use”) govern your access to and use of the codebasecoworking.com website (the “Site”), including any content, functionality, and services offered on or through codebasecoworking.com. Please read these Terms of Use carefully before you start to use the Site. By using the Site, you agree to follow and be bound by these Terms of Use and our privacy policy (the “Codebasecoworking.com Privacy Policy”) found at http://codebasecoworking.com/privacy-policy/. In these Terms of Use, the words “you” and “your” refer to each Site visitor or user who visits, views, accesses, or uses the Site, including through a bot or other automated means. The words “we”, “us” and “our” refer to DMCW, LLC. (“DMCW”), and “Services” refers to all services provided by us.

By accessing the Site, you consent to the collection and use of certain information, as specified in the Codebasecoworking.com Privacy Policy.

We may revise these Terms of Use at any time, in our sole discretion, without notice to you. It is your responsibility to review these Terms of Use periodically. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to any changes. If, at any time, you find any of the terms or conditions in these Terms of Use unacceptable or if you do not agree to these Terms of Use, you must not access or use this Site. If you have any questions about these Terms of Use, please contact us at termsofuse@codebasecoworking.com.

YOU REPRESENT AND WARRANT THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT, THAT THESE TERMS OF USE FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND DMCW, YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, AND YOU AGREE TO COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT MEET THE ABOVE-REFERENCED REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE.

Through the Site, DMCW offers an advertising and information service giving visitors general information about Codebase Coworking in Charlottesville, Virginia, and leasing information for space available within Codebase Coworking. DMCW strives to keep the information on the Site current; however, for a variety of reasons, DMCW cannot guarantee that all information on the Site is completely current or applicable to your circumstances. You are encouraged to speak with a leasing agent and to personally inspect Codebase Coworking and any space you may wish to lease in Codebase Coworking before entering into a lease of space in Codebase Coworking. You acknowledge that information concerning rents and availability are subject to change at any time and without further notice.

Ownership. This Site is owned and operated by DMCW. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed either by DMCW or by our respective third party authors, developers or vendors and are protected by copyright or other intellectual property laws. Except as may be expressly stated on the Site or in these Terms of Use, you may not copy, reproduce, republish, download, upload, post, display, transmit or distribute in any way any of the Materials. Nothing on the Site, in these Terms of Use, or otherwise, confers or will be construed to grant you (i) any license to the Materials and/or (ii) any right under any of DMCW’s intellectual property registrations, whether by estoppel, implication or otherwise. See the “Contact Information” in Section 20 below if you have any questions about obtaining such licenses. Any rights not expressly granted to you in these Terms of Use are reserved by DMCW.
Accessing the Website and Account Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. [We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.]
Limited Permission to Download. DMCW grants you permission to download, view, copy and print the Materials found on codebasecoworking.com on any single, stand-alone computer solely for your personal, informational, and internal business use provided that (i) any such copy includes any copyright, trademark, or other notice appearing in such Materials, (ii) the Materials are not used on any other Website or in a networked computer environment, and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes, as well as other rights, laws, rules, regulations and statutes.
Links to Third Party Sites. This Site may contain links to Websites controlled by parties other than DMCW (each a “Third Party Site”). DMCW may work with a number of partners and affiliates whose sites are linked with codebasecoworking.com. DMCW is not responsible for and neither endorses nor accepts any responsibility for the availability, contents, products, services or use of any Third-Party Site, any Website accessed from a Third-Party Site, or any changes or updates to such sites. DMCW makes no guarantees about the content or quality of the products or services provided by such sites and is not responsible for webcasting or any other form of transmission received from any Third-Party Site. DMCW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DMCW of the Third-Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that DMCW is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site. You agree that when visiting a Third Party Site, you are subject to the privacy policy and terms of use of that Third Party Site, you will be leaving the Site, and DMCW has no responsibility or liability whatsoever in connection with your use or your exchange of information with any such Third Party Site.
Reviews, Comments, Communications, And Other Content. The Site does not permit visitors to post reviews, comments, and other content (the “User Content”) and the posting of or any attempt to post any User Content is strictly prohibited.
Rights and Responsibilities of codebasecoworking.com Users. You agree to not use the Site in any way that could damage, disable, or impair any Services provided by DMCW (or the network(s) connected to the Site), violate the privacy and/or security of other users, or interfere with any user’s use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining, or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree not to engage or attempt to engage in any unauthorized access, reproduce, redistribute, publish, display, or prepare derivative works of any software contained in the Site.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. DMCW AND ITS AFFILIATES AND THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USING ANY OF THE FOREGOING. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DMCW AND ITS AFFILIATES AND THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU.DMCW MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. DMCW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM THE SITE. Some states do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to you.
Limitation of Liability. IN NO EVENT SHALL DMCW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, OR LICENSEES BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), RESULTING FROM OR CAUSED BY THE SITE, THE CONTENT, MATERIALS, SOFTWARE, THESE TERMS OF USE, YOUR USE OR RELIANCE ON THE SITE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM NEGLIGENCE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF DMCW OR ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSEES, AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES EXCEED $1,000 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS. THE FOREGOING LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DMCW AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM DMCW, CODEBASECOWORKING.COM, OR ANY THIRD PARTY YOU CONTACT THROUGH OR BY MEANS OF THE SITE CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, THIRD-PARTY LICENSOR DOES NOT INCLUDE YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold harmless DMCW, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and/or the Materials.
Termination of Service. You understand and agree that in DMCW’s sole discretion, and without prior notice, your access to the Site may be terminated or suspended, and DMCW may exercise any other remedy available if it believes that your use of the Site violates these Terms of Use, the rights of DMCW, its affiliates, a licensor, or another user, or any law or regulation, or is otherwise objectionable or inappropriate, or constitutes fraudulent or unlawful activity of any nature. Because monetary damages may not provide a sufficient remedy to DMCW for violations of these Terms of Use, you consent to injunctive or other equitable relief for such violations in addition to and not in lieu of any other remedies available to DMCW.
Unsolicited Submissions. Except as may be required in connection with your use of the Site and/or the Services, DMCW does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to DMCW through or in association with this Site shall be considered non-confidential. By providing such submissions to DMCW, you hereby grant DMCW a license to use, reprint, distribute, modify and create derivative works, all of which will be owned by DMCW. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
Compliance with Intellectual Property Laws. When accessing the Site or using the Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted to or through your use of the Site. If you believe that any Content on the Site infringes your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”), by sending the following information to use at DMCW, LLC., 300 Preston Ave, Suite 301, Charlottesville, VA 22902, by email at termsofuse@codebasecoworking.com:
A description of the copyrighted work you claim has been infringed;
Identification of the material you claim is infringing, including a description of where such material is located;
Your address, telephone number, and email address;
A signed statement that the information in your notice is accurate, that you have a good faith belief that the identified use is not authorized by the copyright owner, its agent, or the law, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.13. Inappropriate Content. When accessing the Site or using the Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. DMCW reserves the right to terminate or delete such material from its servers. DMCW will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions, and regulations of the United States or any foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are or may be subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

15. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

16. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, excluding its choice of law rules. You hereby agree that any cause of action you have with respect to the Site must be exclusively filed in the state or federal courts located in the Commonwealth of Virginia. You and DMCW agree exclusively and irrevocably to submit to the personal jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding, and you waive any objection based on forum non conveniens. As a condition of using the Site, you agree that all causes of action arising out of or relating to the Site shall be resolved individually, without resort to any form of class action. These Terms of Use expressly exclude and disclaim the terms of the United Nation Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving the Site.

18. Trademarks. DMCW, codebasecoworking.com, and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of DMCW. All other trademarks, product names, and company names or logos appearing on the Site herein are the property of their respective owners.

19. Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and DMCW regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.20. Miscellaneous. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms of Use will continue in full force and effect. Failure by DMCW to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use. These Terms of Use and any other terms and conditions or policies applying to your use of the Site constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture, or agency relationship, or granting a franchise between the parties.

21. Acknowledgement. BY ACCESSING THE SITE AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

22. Contact Information. If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us at termsofuse@codebasecoworking.com.