Last updated: September 26, 2016
These terms of service (“TOS”) are a legal agreement between you, an individual or entity (“You”), and Concourse Company LLC (“Concourse”), governing the use of the www.concourse.co website (“Site”) and the files, information, products and services on the Site (collectively, the “Service”).
BY USING THE SERVICE, YOU AGREE TO THE TOS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICE FOR ANY PURPOSE.
The TOS may be changed at any time and notice of such changes shall be given by posting updated TOS on the Site. Your continued use of the Site thereafter constitutes acceptance of the updated TOS.
“Creative” means a user of the Service that is searching for a Space to rent.
“Space” means a commercial or residential space, listed on the Service for rent, including studio spaces, exhibitions spaces, retail spaces, and event spaces.
“Supplier” means a user of the Service that makes a Space available for rent.
Concourse grants You a limited, revocable, license (“License”) to access and use the Service to (a) view and apply for Spaces for your own personal use, and (b) post Space listings, subject to these TOS.
Certain features of the Service are paid features (“Paid Features”). Certain Paid Features are a one-time expense and will be due upon requesting such Paid Features. Other Paid Features are recurring or will be collected at a future time (e.g., a fee for a successful Space listing). Fees for Paid Features that will be due in the future will be billed against the payment information you provide to the third party payment processor upon ordering such features. Without limiting other remedies, failure to make payment in accordance with this section shall allow Concourse to cancel and/or revoke access for unpaid Paid Features.
Concourse offers Suppliers free and paid membership plans. Our paid memberships offer Suppliers premium features. Furthermore, Concourse charges processing fees (4%+ Paypal fees) per space reservation, with the exception for Space for Art listings.
The Service facilitates Space rentals between Suppliers and Creatives. Any cancellation of a Space after a rental has been agreed to shall be governed by the Cancellation Policy.
Compliance With Laws
You are responsible for complying with all laws, including without limitation federal, state, and local housing and rental laws, and local business permitting, registration, and rental fee requirements.
As a condition of your license to use the Service, you agree that you will not do any of the following:
- Use the Site if you are under the age of 18 or otherwise unable to enter into binding legal agreements;
- Make listings for anything other than a Space;
- Make listings for Spaces with inaccurate information or details, including information and details pertaining to the origin of the listing or your affiliation with the Space;
- Share your account or password with others;
- Use the Service unlawfully or for an unlawful purpose;
- Transmit any Content that is illegal, abusive, harassing, racist, hateful, sexually explicit, pornographic, obscene, or in our sole discretion objectionable;
- Stalk, harass, or harm another individual;
- Impersonate another, misrepresent or falsely identify yourself;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service;
- Take any action that imposes an unreasonable or disproportionately large load on the servers the Service is hosted on;
- Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users.
- Give the impression that they emanate from us, if this is not the case.
Limitation of Liability
IN NO EVENT SHALL CONCOURSE, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR OUR SERVICE. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
THE SERVICE ARE PROVIDED “AS IS”. CONCOURSE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, CONCOURSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICE.
The Service is a platform to connect Suppliers and Creatives. Any agreement to rent a Space is a contract between Suppliers and Creatives. Concourse does not guarantee the accuracy of any listing or the performance of either party. Any breach of a rental agreement for a Space, any damages to a Space, or any other dispute between a Supplier and Creative is a dispute directly between such parties. You agree to indemnify and hold harmless Concourse for any dispute arising from or in connection with any other user of the Service.
Term and Termination
The term of these TOS (“Term”) shall commence upon Your initial use of the Service, and shall continue until terminated in accordance with these TOS. The TOS and the Limited License set forth in Section 2 shall terminate upon any of the following:
a. Written notification by Concourse that, in Concourse’s sole determination, a material breach of the TOS has occurred.
Sections 8-10 and 12 shall survive the termination of these TOS.
- Choice of Law. The TOS shall be governed by the laws of the State of California without regard to its conflict of law provisions.
- No Waiver. Concourse's failure to exercise or enforce any right or provision of the TOS will not be deemed to be a waiver of such right or provision.
- No Third-Party Beneficiaries or Rights. These TOS are not intended to create any rights or benefits for third-parties.
- Severability. If any provision of these TOS is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these TOS shall remain in full force and effect.
- Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
- Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, CA before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.
If You have any questions concerning this TOS or the Site, please contact us at firstname.lastname@example.org.