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Overview. These Terms and Conditions and the terms and policies referenced and incorporated herein (the “Access Terms”) describe your rights and obligations in connection with your use of Hana Meet, Hana Share or Hana Team, the Premises and the Services. By using the services rendered to you pursuant to these Access Terms, you are agreeing that you shall abide by and be bound by these Access Terms.
Who we are. Who we are for purposes of these Access Terms is the Hana Company Name referenced in the User Details Form. We reserve the right to change the legal entity that charges you for or provides the services. The relevant entity with which you enter into these Access Terms shall be known in these Access Terms as “we,” “our” “us” or “Hana”.
Who you are. References to “you,” “your” and similar words in these Access Terms refer to the individual or entity registering for the Services referenced herein and agreeing to be bound by these Access Terms.
Applicable policies, terms and services. The use of Hana Meet, Hana Share and Hana Team is subject to the Hana policies, including the website terms of service available at https://www.yourhana.com/terms/ (the “Website ToS”). In order to access the Services (as defined below), you hereby agree to these policies and any updates thereto. Hana reserves the right to change or modify these terms or any other Hana policies related to use of the website at any time and at its sole discretion by changing these terms or policies by posting revisions on the Hana website. Continued use of the website or Services following such changes or modifications to the terms or other Hana policies will constitute acceptance of such changes or modifications. Hana can report you to the relevant authorities at any time if illegal activity is discovered and you shall cooperate in any related investigation. Hana has the right to suspend or terminate your access to the website at any time. The website is subject to inaccessibility, including emergencies, service outages, equipment problems or limitations, interference and maintenance or repair. We are not responsible for any interruptions or performance issues with the connection, or the underlying network(s), transmission equipment and systems. Network speed will vary based on your personal device configuration and other factors. You are solely responsible for any personal devices, the software necessary for use of the website and internet connectivity. You shall use the Premises for office purposes only and for no other purpose. You shall comply with all laws and regulations in the conduct of your business. You shall do nothing illegal in connection with your use of the Premises. You shall not do anything that may interfere with the use of the Premises by others, cause any nuisance or annoyance, increase the insurance premiums Hana or its landlord has to pay, cause the cancellation of Hana’s or is landlord’s insurance, or cause loss or damage to Hana (including damage to reputation) or to the owner of any interest in the Building. You acknowledge that (a) the terms of the foregoing sentence are a material inducement in Hana’s agreement to allow you to use the Premises and (b) any violation by you of the foregoing sentence shall constitute a material default by you, entitling Hana to terminate this agreement, without further notice or procedure.
What are “Services”? Subject to the Access Terms, Hana will use commercially reasonable efforts to provide you the services described below at the Hana premises (the “Premises”), as may be available from time to time. In order to use the Services, you will be required to create a Hana account and/or download our mobile app. These services are referred to in these Access Terms as the “Services.”
a. Ability to book use of Hana Meet;
b. Access to and use of the shared Internet connection in accordance with the terms of the Internet provider; and
c. Front desk assistance.
The “Services” shall be deemed to include any other services you may purchase from us from time to time. Any such additional services will form part of the “Services” and may be subject to additional guidelines, terms, conditions and/or rules, including additional payment obligations, which shall be deemed to form part of and be incorporated into these Terms and accepted by virtue of the use of such additional services.
Change to our Services or these Terms. The availability and scope of the Services and the Premises at which the Services are available are subject to change from time to time in our sole discretion.
Eligibility. Unless we specify or agree otherwise, the Services are available to individuals who are at least 21 years old (as applicable, the “Eligibility Age”). No one under the Eligibility Age may access the Premises or use the Services or provide any personal information to us (e.g., name, address, telephone number or email address) unless otherwise agreed to. You represent to us and warrant that the information you provide is and will remain accurate and complete.
Payments. You agree to pay us the fees associated with the particular Services you are purchasing, as displayed to you at the time you create your account and/or you sign up for the relevant Services, or as updated by us from time to time upon notice to you.
Taxes. All sales, use, excise, value added and any other taxes attributable to your usership are as shown on your invoice.
Reserve Ahead; No refunds. In the event that you need to cancel: (i) a reservation for a conference room or daily seat, you must cancel at least 24 hours prior to the reservation in order to be eligible for a refund, (ii) a monthly Hana Share membership, you must cancel prior to the issuance of an invoice for the month in order to receive a refund for that month, and (iii) a three (3), six (6) or twelve (12) month Hana Share membership, for any date after the Initial Term (as defined in your Hana License Agreement), you must provide at least thirty (30) days’ prior notice of cancellation to receive a refund for payments applicable to the period of time after the effective date of cancellation. Otherwise, no refunds will be granted.
Cancellations. In the event that space that you have reserved is not available, for any reason, either within our control, or wholly outside our control, we reserve the right to cancel your reservation and provide a refund and/or provide a similar and suitable alternative location, in the same geographical region, in our sole discretion.
Security. For security reasons, we may, but have no obligation to, regularly record certain areas in the Premise via video.
Rules. Each Premises will be subject to the Hana Rules governing the expected behavior in such Premises, which you can find at such Premises (the “Hana Rules”) and which you must comply with while using Services in such Premises. The Hana Rules are hereby incorporated into these Access Terms. In addition, you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to us, our employees or agents, other members or users, any guests or any other third parties or any pets or property of any of the foregoing. The violation of this provision may result in our termination of your right to use Hana Meet, Hana Share or Hana Team.
Privacy. We collect, process, transfer and secure personal data about you in accordance with all applicable data protection laws. Any information collected by us will be provided by you at your own will and with your explicit consent granted herein by execution of this Agreement.
Property. We are not responsible for any property you leave behind in any of our Premises and any use of lockers provided at the Premises shall be used at your own risk. It is your responsibility to ensure that personal items are secure. Other than when using the workspace, you must remove all property from all Premises. We may dispose of any property remaining in any of our Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal. Additionally, activity that jeopardizes the property of Hana or other users or Hana members is strictly prohibited.
Other users. We do not control and are not responsible for the actions of other individuals you encounter through the use of the Services; this includes other Hana members, users and their guests at any Premises. We do not endorse, support or verify the facts, opinions or recommendations of our users. If a dispute arises between users, we shall have no responsibility or obligation to participate, mediate or indemnify any party, unless such dispute arises as a result of Hana’s gross negligence or willful misconduct.
Third party products or services. The Services may give you access to products, services or advertisements provided by third party service providers or our other business partners (“Third Party Services”). Third Party Services are provided solely by the applicable third-party service provider (“Third Party Service Provider”) and pursuant to separate arrangements between you and the applicable Third-Party Service Provider. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED REGARDING THIRD PARTY SERVICES AND WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE CONTENT OF ANY LINKS, PRODUCTS, SERVICES, ADVERTISEMENTS OR OTHER MATERIALS RELATING TO ANY THIRD PARTY SERVICES. In no event will Hana be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the Services or Third Party Services or any products, services or other materials relating to any advertisement. You agree that our making available access to or discounts for these third party services does not constitute provision of such third party services by Hana, and you will look solely to the applicable third party for provision of the applicable Third Party Services and for compensation for any claims, damages, liabilities or losses you may incur in connection with such Third Party Services.
User termination. Unless otherwise set forth on the User Details Form, your ability to use Hana Meet, Hana Share or Hana Team, as applicable, shall remain active until otherwise terminated, with services to be purchased on an as used, and as needed basis. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Access Terms we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your ability to use the Premises with immediate effect and without prior notice to you. We do not provide refunds upon termination or cancellation of your ability to use Hana Meet, Hana Share or Hana Team, as applicable, including individual accounts with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your ability to use Hana Meet, Hana Share or Hana Team, as applicable. We may also terminate your ability to use Hana Meet, Hana Share or Hana Team, as applicable, and associated Accounts, if we discontinue the Services, at any time.
Use of the Hana Name; Photos of the Premises. For the purposes of this section, “Intellectual Property” includes (a) any of our business names, trademarks, service marks, slogans, logos, designs, trade dress, images, photographs, content, and other identifiers or intellectual property; (b) any derivative, modified, altered or similar versions of the same; or (c) any pictures or illustrations of any (i) portion of a Premises, including any Premises where Hana provides any services, (ii) Hana member or guest, or (iii) intellectual property of any Hana customer. You do not acquire any rights in or to any of our Intellectual Property by accessing or using the Hana Member network. Without our prior written consent, you may not copy, use or otherwise appropriate for any purpose that could be competitive with or harmful to Hana (as determined by Hana in its sole discretion) any Intellectual Property contained within the Hana Member network. You may not use any content, data or other information you receive or access in connection with the Hana Member network to solicit any of Hana’s customers, Hana’s partners, or other individuals or entities you encounter in connection with your use of the Hana Member network, in a manner that could be competitive with or harmful to Hana, as determined by Hana in its sole discretion.
Intellectual Property of others. You must not directly or indirectly take, copy or use any information or intellectual property belonging to other user or user companies or any of their guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.
Other. You hereby consent to our non-exclusive, non-transferable use of your name and/or likeness in connection with identifying you as a user of Hana Meet, Hana Share or Hana Team alongside those of other users in video and other marketing materials. You warrant that your company logo, if you have one, does not infringe upon the rights of any third party and that you have full authority to provide this consent. You may terminate this consent at any time upon thirty (30) days’ prior notice.
Technology Release. HANA DOES NOT MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF HANA’S WEBSITE, ANY NETWORK PROVIDED AT THE PREMISES (OR THE INTERNET) OR OF ANY INFORMATION THAT YOU PLACE ON IT. You should adopt whatever security measures (such as encryption) you believe are appropriate to your circumstances. Hana cannot guarantee that a particular degree of availability will be attained in connection with your use of Hana’s website, any network provided at the Premises (or the Internet). Your sole and exclusive remedy shall be the remedy of such failure by Hana within a reasonable time after written notice. In order to utilize all the functionalities offered by Hana, it may be necessary to install software onto the computer, tablet, mobile device or other electronic equipment used by you. In addition, from time to time, solely and exclusively at your request, Hana may help troubleshoot problems you may have in trying to access certain electronic functionalities, such as printing, accessing the Internet or other issues. Notwithstanding the foregoing, to the extent your electronic devices provide an imminent threat to Hana’s website, any network provided at the Premises or other users of the Premises, Hana shall be entitled to undertake appropriate remedial measures, subject to providing you with prior notice if it is practicable to do so given the particular circumstances. Regarding the foregoing, you agree that Hana and its affiliates: a. are not responsible for any damage to any computer, tablet, mobile device or other electronic equipment, or otherwise to your system, related to such technical support or downloading and installation of any software; b. do not assume any liability or warranty in the event that any manufacturer warranties are voided; and c. do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support.
Waiver and release of claims. To the extent permitted by law, Hana and our landlord on the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Hana Parties”) disclaim all warranties and terms, express or implied, with respect to the Services, including warranties, terms or representations as to the availability, operation, performance and/or use of the Services, data security or any other services, content or materials on or accessed via the Services, 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, course of performance or usage in trade. To the extent permitted by law, Licensee, on its own behalf and on behalf of its Members, agents, guests and invitees, (i) waive any and all claims and rights against Hana and its landlord at the Premises and Hana’s or its affiliates, parents, and successors and each of Hana’s and their Members’, assignees, officers, agents and directors (collectively, the “Hana Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property or person and (ii) release the Hana Parties from any and all such claims and rights. You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. In such event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law. From time to time, Hana may investigate any actual, alleged or potential violations of these Terms & Conditions. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the Hana Parties, and agree to hold them harmless in connection with any claims relating to any action taken by Hana as part of our investigation.
Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of any of the Hana Parties to you, and your or their employees, agents, 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 will not exceed the total amounts paid by you to us under these Access Terms for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. None of the Hana 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 you may not commence any action or proceeding against any of the Hana 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. Notwithstanding anything contained in this Agreement to the contrary, you acknowledge and agree that you shall not commence any action or proceeding against any of the Hana Parties other than the Hana Party you are directly contracting with hereunder and the assets of such person for any amounts due or for the performance of any obligations in connection with this Agreement.
Indemnification. To the extent permitted by law, Licensee will indemnify the Hana Parties from and against any and all claims, liabilities, damages, losses and expenses including reasonable attorneys’ fees, resulting from (i) any breach of these Access Terms by you or your guests, agents or invitees, or any of your or their actions or omissions and (ii) any generation, production, use, storage or disposal of any Hazardous Materials in, on or about the Premises, and Hana will have sole control over the defense of any such claims, liabilities, damages, losses and expenses. You are responsible for the actions of and all damages caused by all persons 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 Hana or imposes any obligation upon any of the Hana Parties without Hana’s written consent. None of the Hana Parties shall be liable for any settlement made without its prior written consent. Notwithstanding any provision of this Agreement to the contrary, any and all indemnitees and remedies set forth in these Access Terms in the event of your breach shall be in addition to any and all other remedies Hana may have at law or in equity. As used herein, “Hazardous Materials” means any hazardous or toxic substances, material or waste or related materials including, without limitation, any substances now or subsequently regulated under any applicable federal, state or local laws or regulations and including any different materials subsequently found to have adverse effects on the environment or the health and safety of persons.
Settlement. You shall not make any settlement that requires a material act or admission by any of the Hana Parties, imposes any obligation upon any of the Hana Parties or does not contain a full and unconditional release of the Hana Parties, without our written consent. None of the Hana Parties shall be liable for any settlement made without its prior written consent.
Enforceability; Conflict with Other Agreements. Each provision of these Access Terms shall be considered separable. To the extent that any provision of this Agreement is prohibited, these Access Terms shall be considered amended to the smallest degree possible in order to make these Access Terms effective under applicable law. Our failure to enforce any part of these Access Terms shall not constitute a waiver of our right to later enforce that or any other part of these Access Terms. In order for any waiver of compliance with these Access Terms to be binding, we must provide you with written notice of such waiver. The failure of either party to enforce its rights under these Access Terms at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. In the event of any conflict between the terms and provisions of these Access Terms and the terms or provisions of any other license agreement between Hana and a Hana member (a “Hana License Agreement”), the terms and provisions of the Hana License Agreement shall prevail and be controlling.
Nature of Agreement; Relationship of the parties. Your agreement with Hana is the commercial equivalent of an agreement for accommodation in a hotel. The whole of the Premises remains our property and, in our possession, and control. Hana is giving you the right to share with Hana the use of the Hana Meet, Hana Share or Hana Team, as applicable, so that Hana can provide the Services to you. Notwithstanding anything in this Agreement to the contrary, you and Hana agree that the relationship between the parties is not that of landlord-tenant or lessor-lessee and this Agreement in no way shall be construed as to grant you or any employee any title, easement, lien, possession or related rights in Hana’s business, the Premises, the or anything contained in or on the same. This Agreement creates no tenancy interest, leasehold estate, or other real property interest. The parties hereto shall each be independent contractors in the performance of their obligations under this Agreement, and this Agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture, for any purpose. Neither party will in any way misrepresent our relationship.
Interpretation. The section and paragraph headings in these Access Terms are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Access Terms shall be read as being followed by “without limitation” where appropriate.
No third-party beneficiaries. You agree that, except as otherwise expressly provided in these Access Terms, there shall be no third-party beneficiaries.
Survival. Even after your Hana License Agreement is terminated, certain of these Access Terms and of the Access Terms will remain in effect. All terms that by their nature may survive termination of these Access Terms shall be deemed to survive such termination. Sections 1, 4, 8-10, 17, 20-34 shall also survive any termination or expiration of these Access Terms, as well as all other provisions of this Agreement reasonably expected to survive the termination or expiration of this Agreement.
Governing Law. This Agreement and the transactions contemplated hereby shall be governed by and construed under the law of the State of New York, U.S.A. and the United States.
Venue; Dispute Resolution. The parties agree that all disputes arising out of or relating to this Agreement will be subject to mandatory binding arbitration under the rules of Comprehensive Arbitration Rules and Procedures (“JAMS”) in effect at the time of execution. The arbitration will be heard and determined by a single arbitrator selected by mutual agreement of the parties, or, failing agreement within thirty (30) days following the date of receipt by the respondent of the claim, by JAMS. Such arbitration will take place in New York, New York, U.S.A. The arbitration award so given will be a final and binding determination of the dispute, and will be fully enforceable in any court of competent jurisdiction. Except in a proceeding to enforce the results of the arbitration or as otherwise required by law, neither party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written agreement of both parties. The proceedings shall be confidential and in English. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. This Agreement shall be interpreted and construed in the English language, which is the language of the official text of this Agreement.
Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Hana will seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and Hana also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if Hana is a party to the proceeding. YOU ARE GIVING UP ITS RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST HANA OR ANY OF THE OTHER HANA PARTIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Code of Conduct. You and your visitors shall comply at all times with the attached Rules, which Hana may revise or amend from time to time.
Contacting us. If you have any questions relating to these Access Terms, please contact your user success contact.
Our intent is to provide a productive and safe workplace for all of our members and guests to enjoy. We ask that you, your teams and guests comply with the following guidelines:
Keys, key cards and other such items used to gain physical access to the Premises, or the Hana Space remain our property. You will cause your Members to safeguard our property and you will be liable for replacement fees should any such property be lost, stolen or destroyed;
you shall promptly notify us of any change to your contact and payment information;
Hana will provide notice to you of any changes to services, fees, or other updates by emailing the email addresses provided by you. It is your responsibility to read such emails and to ensure you are aware of any changes, even if Hana notifies such Members directly;
carts, dollies and other freight items which may be made available may not be used in the passenger elevator except at our discretion;
for security reasons, Hana may, but have no obligation to, regularly record certain areas in the Premises via video;
Hana may disclose information about you or your Members as necessary to satisfy any applicable law, rule, regulation, legal process or government request or as Hana otherwise deems reasonably necessary for the protection of us, other licensees or other members;
you and your Members will abide by other rules and regulations as determined by us and communicated to you, including by email. Hana may add, delete or amend the rules and regulations at our reasonable discretion and with notice to you, provided that neither the enforcement of such rules nor the additions, deletions or amendments of such rules shall be discriminatory—that is, such rules or additions will similarly apply to all other licensees with Hana Space in the Premises receiving similar services;
all Members must be at least 21 years old;
common spaces are to be enjoyed by all our licensees, their members and guests unless otherwise instructed by us, and are for temporary use and not as a place for continuous, everyday work;
you have no expectation of privacy with respect to Hana’s Internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages), and your activity and any files or messages on or using any of those systems may be monitored at any time without notice, including for security reasons and to ensure compliance with Hana’s policies, regardless of whether such activity occurs on equipment owned by you or Hana;
treat all employees, members and guests with respect;
use of obscene language, gestures, discrimination or slurs of any kind will not be tolerated;
use offices or focus rooms for private and/or loud phone calls and refrain from taking such calls in hallways or common spaces;
reserve conference rooms and other spaces during business hours, do not use without a reservation;
be cognizant of your meeting reservation end time and be prepared to vacate the room or space on time so it that it can be used by the member that has reserved it after you;
discard trash in the designated areas only;
secure personal items, they should not be left unattended in the common spaces;
return communal items (dishes, office supplies, etc.) to where you found them by the end of the day;
place used mugs, cups, utensils and dishes in the pantry area for cleaning or dispose of single use items properly;
propping open automatically-locking doors is strictly prohibited;
offices should be kept clean and tidy and members should clean up after themselves when using common spaces;
photo taking, videotaping, or any other recording devices are not allowed to be used in the location unless permission is granted by the onsite Hana team;
no defacing, damaging or destroying of any business or personal property;
possession of any illegal substances will be reported to authorities;
smoking or vaping within the building is not permitted;
animals, except for qualified service animals, are not allowed in the building; and
notwithstanding any rights under trademark or copyright law and any rights of publicity, privacy or otherwise, and without further compensation, Hana may and hereby are authorized to use, in connection with promotion of our and our partners’ businesses, products and services during and after the Term, (i) your name, trademark, service mark, logo, trade dress and other identifiers and intellectual property and (ii) the names, likenesses, and voices of each of your Members and guests when they are in any Premises (regardless of whether or not your specific Hana Space is located in such Premises). Hana will use commercially reasonable efforts to obtain your prior written consent for our use of the items described in clause (i) of the immediately preceding sentence. You will ensure that you have obtained, in writing, all licenses, permissions, consents, rights and releases necessary, including without limitation from any Members, guests or other third parties, in order to grant to us the rights and licenses set forth in this section;
No Licensee, member or employee, or any of their agents or invitees will:
perform any activity that is reasonably likely to be disruptive or dangerous to us or any other licensees, or our or their members, guests or property, including without limitation the Hana Space or the Premises;
use the Services to conduct or pursue any illegal activities;
use the Services to conduct any activity that is generally regarded as offensive;
attach or affix any items to the walls or make any other alterations to the Hana Space, or install antennas or telecommunication lines, cabling, connections or devices in the Hana Space or the Premises or bring any additional furniture into the Hana Space or the Premises, in each case without our prior written consent, which Hana may refuse at its absolute discretion. As a condition to Hana’s consent, Licensee must permit Hana to oversee any installations (for example telecommunications or electrical systems) and to verify that such installations do not interfere with the use of the accommodation(s) by other licensees or members or Hana or any landlord of the Building;
take, copy or use any information or intellectual property belonging to other licensees or their members or guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same, and this provision will survive termination of this Agreement;
take, copy or use for any purpose the name “Hana” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of the Premises, without our prior consent, and this provision will survive termination of this Agreement;
use the Hana Space in a “retail,” “medical,” or other nature involving frequent visits by members of the public;
make any copies of any keys or other means of entry to the Hana Space or the Premises or lend, share or transfer any keys or keycards to any third party, unless authorized by us in advance;
allow any guest(s) to enter the building without registering such guest(s) and performing any additional required steps according to our policies; or
use the network or servers in a manner that violates the following terms:
harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party;
is unlawful, fraudulent, or deceptive;
uses or launches any automated system, including without limitation, "robots," or "spiders,";
attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
attempts to gain unauthorized access to computer network or user accounts;
encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
attempts to damage, disable, overburden, or impair servers or networks;
impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; and
fails to comply with applicable third party terms.
You are responsible for ensuring your Members comply with all Rules. Any violation or noncompliance with any of the foregoing or any act that disturbs the peace or that Hana deems to constitute a threat to health or safety or otherwise constitutes an emergency situation shall be a breach of this Agreement for which there shall be no cure period and which shall entitle Hana to exercise the following rights and remedies: (i) Hana shall have the right to terminate this Agreement as set forth in Sections 4(c), (ii) the Hana Parties shall have the right to receive indemnification from Licensee pursuant to Section 5(d) with respect to any claims, liabilities, damages, losses and expenses including reasonable attorneys’ fees arising out of or occurring in connection with any such violation or noncompliance, (iii) Hana shall have the right to apply the Service Retainer to any damage caused by or resulting from any such violation or noncompliance and (iv) Hana shall have the right to immediately and permanently remove and eject the person who has caused such violation or noncompliance from the Hana Space, Premises and Building.