Terms of Service
SUPERCHARGE TM coworking space is a community belonged to Hudson Supercharge Inc. DBA SUPERCHARGE TM , where we ensure that all of our Members can take full advantage of member benefits, services, and experiences. The membership agreement is designed to help Members familiarize with our house rules and properly apply to the membership type that helps boost their growth in the blockchain and related industries. Our community team is available every day during working hours (M-F 9:00am to 6:00pm, subject to change during holidays and events) to answer Members’ questions.
What we do
- Share space, share resources, share knowledge, and share respect
What we don’t
- Conduct fraudulent activities, harass or defame other members, post illegal or inappropriate content, vandalize our space and properties
- “we” or “us” or “Supercharge” or “SUPERCHARGE™” or “Supercharge Blockchain” or “SUPERCHARGE TM Blockchain” means Supercharge™ that belongs to Hudson Supercharge Inc.
- “Member” or “member” or “Members” or “members” means each person authorized to use our space or receiving benefits of membership
- “Premises” or “space” or “coworking space” or “community” or “Facility” means the co-working space provided by Hudson Supercharge Inc including outdoor areas at 398 W Thames St, New York, NY 10280
- “Team” means Supercharge™ employees, contractors, interns, and other service providers
- “you,” “your” and similar words refer to the individual or entity registering for any Services and agreeing to be bound by these Terms. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have all necessary right, authority and consent to bind such entity to these Terms.
This Membership Terms of Service can be found at www.superchargeblockchain.com/terms
These Terms and Conditions (the “Terms”) describe your rights and obligations in connection with your receipt and use of the services provided by Supercharge in connection with your Membership, On-demand Desks, Dedicated Desks, Private Offices, Virtual Offices, Conference Room or other services specified herein (the “Services”, as further described below).
“Services” in these Terms refer to your access to and use of our online member network, member-only events and offerings and space in our premises and certain other related services and features we provide. The exact Services you receive will depend on (a) the product or services you have purchased; (b) the Services available, and (c) additional features and Services selected by you, such as through a “Service Package”, which may be subject to additional guidelines, terms, conditions and/or rules (“Additional Terms”), including additional payment obligations.
“Services” do not include, and we are not involved in or liable for, the provision of products or services by third parties (“Third Party Services”) that you may elect to purchase in connection with your Membership, such as group health insurance, gym memberships or payroll services. Third Party Services are provided solely by the applicable third party (“Third Party Service Providers”) and pursuant to separate arrangements between you and the applicable Third Party Service Providers. These Third Party Service Providers’ terms and conditions will control with respect to the relevant Third Party Services.
Some features of the Services may be subject to Additional Terms, which will be posted with those features or otherwise communicated to you. We will consider your use of those features your acceptance of the applicable Additional Terms, and those Additional Terms will be incorporated in these Terms by this reference.
Please read these Terms carefully, as they affect your legal rights. Among other things, these Terms include your agreement that except for certain types of disputes described in the “Governing Law; Arbitration and Class Action Waiver” section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. If you have any questions about these Terms, please contact email@example.com. By using the Services, you are agreeing to abide by and be bound by these Terms.
2. Membership packages and policy
Members enjoy coworking hours that are subject to different expiration periods. The hour-allowance is automatically deducted through our booking system. Members can reserve desks at our co-working space 24 hours daily (hours are subject to change during holidays and events). Our complimentary services include coffee and tea, conference room credits, printing credits, high-speed internet, mail & package receiving service. Members will also enjoy early bird access and discounts to our blockchain and related events.
Members enjoy dedicated desks without the need to reserve or book in-advance at our co-working space 24 hours daily (hours are subject to change during holidays and events). Our complimentary services include coffee and tea, conference room credits, printing credits, high-speed internet, mail & package receiving service. Members will also enjoy early bird access and discounts to our blockchain and related events.
Membership benefits include early bird access and discounts to our blockchain and related events, coffee and tea, conference room credit, high-speed internet, printing credits, and mail & package receiving service. Access to our co-working space will be subject to the daily operating hours.
Members enjoy 24-hour access to private offices daily (hours are subject to change during holidays). Our complimentary services include coffee and tea, conference room credits, printing credits, high-speed internet, mail & package receiving service. Members will also enjoy early bird access and discounts to our blockchain and related events. In addition, upon informing our team, Members can bring their non-fixture decorations and office supplies to private offices such as printers, carpets, white boards, posters, etc.
3. Membership continuation
Monthly membership agreements such as dedicated desks and private office plans are automatically renewed with the same terms unless our team is notified by Members in writing via email or in-person ten (10) days prior to the current membership period expiration.
One-time membership agreement such as on-demand desk plans is renewed in writing via email or in-person by Members at any time.
Members must give ten (10) days written notice prior to monthly membership expiration to the team via email or in-person. Failure to give timely notice will result in automatic renewal of current membership terms
Members may upgrade their membership type in writing via email or in-person at any time, upgraded membership will be effective the following membership period. Members will be given a new contract to sign
Members may downgrade their membership type in writing via email or in-person at any time, downgraded membership will be effective the following membership period. Members will be given a new contract to sign
Fees and charges
Members authorize Supercharge to charge credit/debit cards on file for all bills associated with monthly membership fee renewal. Members also have the option to pay in cash or card at our receptionist. Members will have access to billing statements reflecting all charges to their account. Our community also provides additional goods and services and all additional services used and goods purchased will be charged directly at purchase or booking.
Supercharge may terminate this Agreement immediately upon a breach of this Agreement by the Member or guests invited by the Member or upon a loss or modification of Supercharge’s right to operate the Facility. Supercharge may terminate the membership at any other time with or without reason by providing ten (10) days written notice.
4. Members Rules
By joining as a Member at Supercharge, you agree to our House Rules at www.superchargeblockchain.com/houserules
5. Membership dues
Upon membership contract termination, members are responsible for turning in keys and access cards. Failure in returning keys will result in $20 charge per key and failure in returning access cards will result in additional fees. Charges on damages that are outside of normal wear and tear to our community properties such as desks, chairs, walls, carpets, floor, etc. will be determined and charged at the date of termination. Our private office condition and damages (if any) will be determined on the date Members move out of their private offices.
6. Member property and personal safety
Members are solely responsible for ensuring that personal property of the members and their guests is safe and secure at all times on the premises. Members are responsible for obtaining their own insurance for Member’s own property and items that are brought to our premises. Members are also responsible for obtaining their own insurance regarding personal injuries.
7. No Tenancy
Notwithstanding any right to use the Supercharge coworking space or any portion thereof during the membership period, in no event shall such right be deemed to create any landlord-tenant relationship between Supercharge and the Member, nor shall Member have any rights as a tenant in the Supercharge premises
8. Mail service
Supercharge currently offers inbound mailing services and does not offer outbound mail for the property. Members are responsible for daily mail pickup from the reception desk. We reserve the right to refuse any package due to size, incorrect member names, content, or other reasons we deem necessary. Please inform our receptionist prior to mail delivery date for packages that are larger than 12 x 12 in size or over 30 lbs. in weight.
10. Change to our Services and Terms
The availability and scope of the Services, as well as the availability and scope of benefits we offer in relation to Third Party Services, are subject to change from time to time in our sole discretion. Without limiting the generality of the foregoing, you acknowledge that our Premises, and the Services we may offer at any of our Premises, are also subject to change from time to time. From time to time, we may also make modifications, deletions or additions to these Terms and will provide you with notice of changes to these Terms or to Services that apply to you, by emailing the last email address provided by you in your profile or by posting a notice at www.superchargeblockchain.com/terms/. Most changes will be effective immediately upon notice, except that pricing and fee changes will be effective upon your next subscription period. If you don’t agree to the changes, you may cancel your Membership at any time, but note that there are no refunds for early cancellation.
11.Passwords and keycards
Don’t reveal your account password or transfer your keycard or other access device or credentials to anyone else (or let them use your account), and don’t make any copies of any keys, keycards, or other means of entry to our Premises (each, an “Access Device”). You are responsible for maintaining the confidentiality of your password and security of your Access Device. You must promptly notify us if you suspect your password or Access Device has been compromised. Access Devices remain our property, and you must return them immediately upon termination or expiration of your Membership. You may be charged a replacement fee for any lost or damaged Access Devices.
12. Linking to a company
During the registration process, you may identify a Company (defined below) with whom your profile is associated. Alternately, your individual profile may have been created by an authorized representative of your employer or other entity for which you provide services (a “Company”), and your profile will be associated with such Company. You agree that you will not falsely represent your association with any Company, impersonate any third party, or otherwise submit or present any false or misleading information to us or the community. In the event your relationship with the Company in your profile changes or ends, you agree to promptly update your profile to reflect this, you may submit a request to do so at firstname.lastname@example.org. If your Membership is provided by a Company, you may lose access to the Services upon termination or change in status of your relationship with such Company. If you are an authorized representative of an entity receiving the Services, you hereby warrant and represent to us that (a) you have the proper authority to create, terminate and maintain the company account and to add and remove individual members to and from the account and (b) you have obtained all necessary consent from any applicable individuals for the creation of their accounts and the processing of individual information within and outside of the US. You agree to indemnify us for any loss we may suffer as a result of any breach of these warranties and representations.
By signing up for a Membership, or any other Services (including any Service Packages or On-Demand Desk or Conference Room reservations) and providing your payment information, you agree to pay us the recurring or nonrecurring fees associated with the particular Services you are purchasing, as displayed to you at the time you create your account and/or sign up for the relevant Services, or as updated by us from time to time upon notice to you. You acknowledge and agree that the payment method provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our Premises or property) in connection with the Services. Only a single payment method may be used at any given time to make payments for all Services you purchase in a single transaction. You must keep your payment information up-to-date and accurate. Recurring fees, which may include recurring membership fees (“Membership Fees”) and any other recurring fees you have agreed to in connection with the Services will be charged on the first (1st) of each month unless we notify you otherwise. Overage fees and other non-recurring fees will be charged within thirty (30) days of you accruing such fees. If payment for your Membership Fee or any other accrued and outstanding fee is not made by the tenth (10th) of the month in which such payment is due, you will be responsible for paying the then-current late charge. Your use of the Services may be immediately suspended, and eventually terminated, if we are unable to charge your payment instrument for any reason. When we receive funds from you, we will ﬁrst apply the funds to any balances which are in arrears and to the earliest month due ﬁrst. Once past balances are satisﬁed, any remaining portion of the funds will be applied to current fees due. The fees applicable to your account may be subject to modification from time to time, and such modifications will become effective upon your next subscription period. Your continued use of the Services following notice of any such modifications, and through the next payment date, constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees.
14. No refunds
All fees are non-refundable. All fees must be paid in the USD.
15. Service Restrictions
Your Membership and/or any other service account, to the extent applicable, is specific to you. You cannot add additional members to your account or share your account credentials or Access Device with any other individual. Furthermore, you must not use any Services or any space you reserve or occupy in any Premises in a “retail,” “medical,” or other nature involving frequent use by or visits from members of the public.
You may be required to present a valid, government-issued photo identification in order to gain access to our Premises. For security purposes, we may regularly record via video certain areas of our Premises. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your guests about this policy.
17. Additional Services
Additional Services may be available to you, either in connection with our Premises or pursuant to special or additional features, Service Packages, or other offerings. For more information about additional Services that may be available to you, please contact the applicable community team. Additional Terms may apply to the additional Services, and to the extent you are receiving any additional Services, the applicable Additional Terms are hereby incorporated into these Terms by this reference.
18. Conference Rooms and Workspaces
You may use credits for workspace or conference rooms or other Services in certain of our Premises during such Premises’ Regular Business Hours on such Premises’ Regular Business Days, all subject to availability of such workspaces or conference rooms. Use of our workspaces and conference rooms in excess of any credits would be subject to the standard fees for such Services. Such Fees are subject to change from time to time.
Subject to availability, you may elect to receive mail and packages at our premises. If you have done so, we will accept mail and deliveries on your behalf during Premises’ Regular Business Hours on such Premises’ Regular Business Days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages after your terminate your Membership. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages.
We are not responsible for any property you leave behind in any of our Premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. Prior to the termination or expiration of your Membership, you must remove all of your property from all Premises. After providing you with reasonable notice, we will be entitled to 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.
You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our Premises and items therein caused by you or your guests, invitees.
22. Common areas
If you are accessing our space pursuant to these terms, common spaces in our Premises are to be accessed by you, and to the extent we permit, your guests, starting from the time immediately prior to your reserved time in the Premises and ending at the time immediately following your reserved time in the Premises. Common spaces are for temporary use and not as a place for continuous, everyday work.
23. Intellectual Property of others
You must not directly or indirectly take, copy or use any information or intellectual property belonging to other members or member 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.
24. Technology Release
We may need to install software onto your computer, tablet, mobile device or other electronic equipment to provide you with the Services. You acknowledge that your refusal to install such software may affect your ability to properly receive the Services you have purchased. We may also provide you with technical support at your request. You agree that we (a) are not responsible for any damage to any of your electronic equipment or systems related to such technical support or software installation; (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. Furthermore, you acknowledge that you have no expectation of privacy with respect to onsite 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 devices or systems may be monitored at any time without notice, including for security reasons and to ensure compliance with our policies, regardless of whether such activity occurs on equipment owned by you or us.
No pets are allowed at our premises. You will be responsible for any injury or damage caused by any pet you or any of your employees, invitees or guests bring into any Premises.
26. You and other members
We do not control and are not responsible for the actions of other members or any other third parties (including any pets). If a dispute arises between members or their invitees, guests or pets, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
27. Account termination
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, or at any other time when we in our reasonable discretion see ﬁt to do so, we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your account with immediate effect and possibly without prior notice to you. In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or for no reason. We may also at any time terminate your account, Membership if we discontinue the Membership program. You can cancel your account at any time, by submitting a request to email@example.com. Please note that if your individual account was created by a Company, (a) an authorized representative of such Company may at any time terminate your individual account by contacting us, and (b) we may terminate your account, even if the Company’s account remains active, and even if you continue to be employed or engaged by such Company. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account 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 Membership.
In using the Services, you may encounter advertisements from Third Party Service Providers and our other business partners, which may be targeted to you based on certain information you provide to us or that we collect based on your use of the Services. The types and extent of advertising are subject to change. In consideration for us granting you access to and use of the Services, you agree that we, such Third Party Service Providers and our other business partners may provide you with such advertising from time to time.
29. Endorsements and Testimonials
From time to time, we may also publish testimonials by users and members related to their experiences with the Services. These testimonials are the users’ subjective opinions, and they represent individual results. We neither verify them nor claim that they are typical results that others will generally achieve. Names, locations, dates and other information may have been changed to protect the privacy of the individuals involved. All other testimonials and endorsements of any type, format or nature posted by users are not verified by us, and we make no warranty or representation as to their accuracy. You should be cautious when relying on any testimonials or endorsements, and you should assume the results described therein are not typical.
30. Use of the Supercharge or Supercharge Blockchain Name; Photos of the Premises
You may not take, copy or use for any purpose the name “Supercharge” or “Supercharge Blockchain” 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 any properties, without our prior consent.
31. Waiver and Release of claims
To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against us and our landlords at the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Supercharge Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet (“Claims”) and release the Supercharge Parties from any such Claims. 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.”
32. We are not liable for actions of other individuals
We do not control and are not responsible for the actions of other individuals using the Services or at our Premises. You should be aware that other users or members may not be who they claim to be. We do not perform background checks on our users or members nor do we guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.
33. We do not have liability for third party products or services
The Services may provide you with access to third party products or services. The Services may also provide you with access to advertisements from our other third party business partners. We are not responsible for the content of these advertisements or any links, products, services or other materials relating to any third party products, services, advertisements or other materials. In no event will we 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 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 us, 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.
34. Limitation of Liability
To the extent permitted by law, the aggregate monetary liability of any of the Supercharge Parties to you or your employees, agents, guests or 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 Terms for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. None of the Supercharge 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 Supercharge 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.
35. Disclaimer of warranties and implied terms
The Services are provided “AS IS”. To the extent permitted by law, we 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 our Services, or any other 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.
You agree to hold us harmless. You will indemnify and hold harmless the Supercharge Parties from and against any and all claims, liabilities, damages and expenses (“Claims”) including reasonable attorneys’ fees, resulting from any breach of these Terms by you or your employees or guests, or your or their invitees or pets or any of your or their actions or omissions, and we will have sole control over the defense of any such Claims. You are responsible for the actions of and all damages caused by all persons and pets that you or your guests invite to enter any of the Premises. You shall not make any settlement that requires a material act or admission by any of the Supercharge Parties, imposes any obligation upon any of the Supercharge Parties or does not contain a full and unconditional release of the Supercharge Parties, without our written consent. None of the Supercharge Parties shall be liable for any settlement made without its prior written consent.
37. You agree to cooperate with us
From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the Supercharge Parties, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
38. Governing Law
These Terms and the transactions contemplated hereby shall be governed by and construed under the law of the State of New York, U.S.A.
Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to these Terms, or at law, or the breach, termination or invalidity of these Terms, that cannot be settled amicably by agreement of the parties to these Terms shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be New York, New York, U.S.A.
40. Proceedings; Judgment
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 these Terms, 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. These Terms shall be interpreted and construed in the English language, which is the language of the official text of these Terms.
41. 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 we will seek to have any dispute heard as a class action or in any other 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 we 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 we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
42. General Provisions
These Terms as well as our House Rules and any feature-specific guidelines, terms or rules that may be posted or provided to you constitute the entire agreement between us regarding the Services and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these Terms and/or any feature-specific guidelines, terms or rules that may be posted or provided to you are held to be unenforceable, then that provision is to be interpreted either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this paragraph, the rest of these Terms and/or any feature-specific guidelines, terms or rules that may be posted or provided to you are to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. The failure of either party to enforce its rights under these 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.
43. Nature of Terms
Notwithstanding anything in these Terms to the contrary, these Terms in no way shall be construed as to grant you any title, lease, easement, lien, possession or related rights in our business, Premises or anything contained in our Premises. These Terms create no tenancy interest (including any security of tenure), leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship.
You hereby represent and warrant that you are not, nor will you be at any time while you are a member, an entity or individual listed on the Specially Designated Nationals and Blocked Persons List published by the U.S. Department of Treasury, as updated from time to time.
Effective date: June 18, 2018