These terms and conditions create a contract (the “Agreement”) between you and WeWork Services LLC and its current and future affiliates (“WeWork”, “we”, “us” or “our”). Please read this Agreement carefully; by using the Services Store (defined below) in any way, including by accessing the Services Store, you are agreeing to abide by and be bound by this Agreement. Among other things, this Agreement sets forth that, except for certain types of disputes specified below, you agree that disputes between you and us will be resolved by binding, individual arbitration. For additional information, please see the section entitled “Governing Law; Arbitration and Class Action Waiver” below.
A. INTRODUCTION TO OUR SERVICES STORE
This Agreement governs your use of (including your access to) WeWork’s Services Store (“Services Store”), through which you can obtain information on certain offers, services, subscriptions, products, applications, and other offerings (each a “Service”). As used in this Agreement, “use” of the Services Store includes accessing the Service Store website, purchasing or subscribing to any Service, redeeming any offer, taking advantage of any referral benefits, or interacting with the Service Store in any other way. Our Services Store is available for your use solely in your country of residence (“Location”) and any use of or access to the Services Store is not authorized to the extent your use or access of the Services Store or any Services provided through the Services Store, or any terms of this Agreement, is prohibited by any applicable law, rule or regulation. To use our Services Store, you or your company must be party to an active WeWork membership agreement (“WeWork Membership Agreement”), and you must have compatible hardware, software (latest version may be required), and Internet access.
Your use of the Services Store is also subject to our Privacy Policy, which is available at https://www.wework.com/legal/privacy (“Privacy Policy”), your or your company’s WeWork Membership Agreement, the WeWork Member Network Terms of Services (“MENA TOS”) available at: https://members.wework.com/terms, and the Community Guidelines available at https://members.wework.com/guidelines, all of which are incorporated herein by reference. All capitalized terms used but not defined herein shall have the meaning ascribed to them either in the Membership Agreement or the MENA TOS. If any terms of this Agreement conflict with the Membership Agreement or the MENA TOS, the terms of this Agreement shall control with respect to your use of the Services Store.
B. ACCESSING SERVICES THROUGH THE SERVICES STORE (BILLING, PAYMENTS, TAXES, AND REFUNDS)
WeWork is providing a benefit to you by providing information that may be used in a transaction between you and certain third party providers (“Service Providers”). WeWork will not be purchasing any products on behalf of you or any Service Provider, and by using the Services Store and accessing any third party Service, you acknowledge and agree that we are not responsible for any third party Services or your experiences with any Service Providers.
You can acquire Services on our Services Store for free or for a charge, as set forth in the Services Store in connection with the applicable Services (each acquisition, a “Transaction”). By completing a Transaction, you agree to pay the applicable Service Provider any and all fees due for the applicable Service. Transactions will be processed by the applicable Service Provider. For the sake of clarity, payments will not be handled through your WeWork invoice.
In the event your WeWork Membership Agreement expires or terminates, you will no longer be eligible to receive any discounts related to Services obtained through the Services Store and may need to contact the applicable Service Provider to ensure continuity of use.
YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE SERVICE PROVIDERS OF SUCH SERVICES) (“SERVICE PROVIDER TERMS”).
If you have any disputes or issues regarding a Service purchased from a Service Provider, including but not limited to if a Service is disabled, nonfunctioning, modified or otherwise changed in a way that interferes with your use of the Service, you must contact the Service Provider directly. A Service Provider may advertise or provide goods, services or experiences that require Service Provider to have an up-to-date regulatory authorization, license, or certification. WeWork does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Service Provider. You should make whatever investigation you deem necessary or appropriate before purchasing any offering from a Service Provider to determine whether, for instance: (i) Service Provider is qualified to provide the good or perform the service; or (ii) the product is of the care and quality required. Service Provider is solely responsible for the care and quality of the goods and services being provided or the care and quality of the products offered. Pricing relating to certain offerings, products, and other available programs may change at any time and without notice.
WEWORK NETWORK ACCOUNT
Using the Services Store and accessing your Services requires an active WeWork Network Account. A WeWork Network Account is the account you use across WeWork’s Membership Network. Your WeWork Network Account is valuable, and you are responsible for maintaining its confidentiality and security. You are responsible for all actions in connection with your account. WeWork is not responsible for any losses arising from the unauthorized use of your WeWork Network Account. Please contact WeWork if you suspect that your WeWork Network Account has been compromised.
SERVICES STORE USAGE RULES
Your use of the Services Store must follow the rules set forth below and any other rules provided or posted by WeWork (or, if applicable, a Service Provider) related to the Services Store or Services (“Usage Rules”), as may be modified from time-to-time by WeWork. Any other use of the Services Store and/or Services is a breach of this Agreement. WeWork may monitor your use of the Services Store and Services to ensure that you are following these Usage Rules.
USAGE RULES
1) Primary Members, as specified in your Membership Agreement, may act on behalf of a company that is a WeWork Member (“Member Company”) to purchase a Service through the Services Store. Non-Primary Members may purchase Services through the Services Store. Primary Members will receive an email notifying them of any purchase of Services made by an associated non-Primary Member. Primary Members are wholly responsible and liable for any and all use of the Services Store by an associated non-Primary Member.
2) A Service Provider’s delivery of a Service does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
3) It is your responsibility not to lose, destroy, or damage the Service or any content provided on or in connection with the Service once downloaded or otherwise accessed. We encourage you to back up any files on or related to your Service regularly. Use of a Service is controlled by the separate applicable Service Provider Terms between you and the Service Provider.
4) You may not tamper with or circumvent any security technology included with the Services Store.
5) You can use Services on any device that you own or control, subject to hardware and software compatibility and the applicable Service Provider Terms for the applicable Transaction.
6) You may not use, in connection with the Services Store, any bot, spider, crawler, or other automated system or process, or bypass robots.txt exclusion files or other measures WeWork may use to prevent or regulate access to the Services Store.
7) You may not copy, distribute or disclose any part of the Services Store in any medium, including, without limitation, by any automated or non-automated “scraping”.
TERMINATION AND SUSPENSION OF SERVICES
If you breach, or WeWork suspects that you have breached, any of the provisions of this Agreement or any other applicable terms and conditions, WeWork may, at its sole discretion, without notice to you: (i) terminate this Agreement or take all necessary action to stop you from accessing the Services Store and the Services therein; or (ii) consider a breach of this Agreement a breach of your WeWork Membership Agreement. WeWork further reserves the right to modify, suspend, or discontinue the Services Store (or any part or Service thereof) at any time with or without notice to you, and WeWork will not be liable to you or to any third party should it exercise such rights.
SERVICES AND AVAILABILITY
Certain Services, features or functionality may not be available in your Location, in which case, the terms related to those Services, features or functionality are not applicable to you unless and until such Services become available to you. WeWork shall bear no responsibility if certain Services, features or functionality are unavailable in your Location.
C. YOUR SUBMISSIONS TO OUR SERVICES AND RECOMMENDATION FEATURES
The Services Store may allow you to submit content, including text, images, and other media files (“User Submissions”), such as when you endorse or comment on a Service or leave direct feedback for a Service Provider. By submitting User Submissions to the Services Store, you grant to WeWork a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, assignable, fully paid-up, royalty-free, license to use, host, transfer, display, perform, reproduce, distribute, modify, prepare derivative works of and otherwise utilize your User Submissions in any manner and in any medium now known or hereinafter developed, for commercial and noncommercial purposes in connection with the Services Store, including without limitation developing, enhancing, providing, syndicating, promoting, and advertising the Services Store. You also agree to waive (and cause to be waived) any claims and assertions of so called “moral rights” with respect to your User Submissions. WeWork may collect, store and use certain data, including, but not limited to, data related to your usage of the Services Store in accordance with our Privacy Policy. You grant each Services Store user a non-exclusive, perpetual license to access your User Submissions and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely in connection with their use of the Services Store in accordance with this Agreement and any other policies or guidelines made available by WeWork. You represent and warrant that you have the necessary rights in your User Submissions to grant the rights required by this Agreement. If you post any User Content to public portions of the Services Store or portions of the Services store that are viewable by all other users, you acknowledge and agree that such User Submissions will be accessible by other individuals.
WeWork may recommend Services to you based on your WeWork Member Network profile, purchases and other activities. You may opt out from receiving such recommendations over e-mail in your account settings.WeWork may monitor and decide to remove or edit any submitted material.
SUBMISSIONS GUIDELINES
You may not use the Services Store to:
- post any materials that you do not have permission, right or license to use or if doing so would violate or conflict with any agreements or obligation to which you may be bound;
- post objectionable, offensive, unlawful, deceptive or harmful content as determined by WeWork in its sole discretion;
- post personal, private or confidential information belonging to others;
- request personal information from a minor;
- impersonate or misrepresent your affiliation with another person, or entity;
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements; or
- plan or engage in any illegal, fraudulent, or manipulative activity.
D. LICENSE OF SERVICES
Service licenses are provided to you by the Service Provider. WeWork is not a party to the sales contract or user agreement between you and a third party Service Provider. Any Service that you acquire is governed by the Service Provider Terms between you and the Service Provider. The Service Provider of any Service is solely responsible for its content, warranties, and any claims that you may have related to the Service.
SERVICE MAINTENANCE AND SUPPORT
Each Service Provider is responsible for providing maintenance and support for its respective Service. WeWork is not responsible for providing any maintenance or support for any third party Services.
E. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES
CONTRACT CHANGES
WeWork reserves the right at any time to make modifications, deletions or additions to the Services Store or this Agreement. Your continued use of the Services Store following the posting of any changes to the Agreement constitutes acceptance of those changes.
THIRD-PARTY MATERIALS
WeWork is not responsible or liable for any third party materials, content, products, services, resources or advertisements you may encounter through the Services Store, including without limitation those included within or linked from the Service or the Services Store.
INTELLECTUAL PROPERTY
You agree that the Services Store and all content made available through the Services Store, including but not limited to Services, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services Store, contain proprietary information and material that is owned by WeWork, its affiliates, its subsidiary companies and/or its third party licensors, which may include other users and Service Providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. WeWork and its licensors retain all proprietary rights in the Services Store and the Content made available on or through the Services Store. Subject to the terms and conditions of this Agreement, WeWork grants you a limited, non-exclusive, non-sublicenseable and non-transferable license to download and display locally the Services Store and the content provided thereon solely for your use of the Services Store in accordance with this Agreement. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services Store in compliance with this Agreement. No portion of the Services Store may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services Store, any Content made available on the Services Store or any of the Services obtained through the Services Store in any manner, and you shall not use or otherwise exploit the Services Store in any manner not expressly authorized.
The WeWork name, the WeWork logo, WeWork Services Store, WeWork Member Network, and other WeWork trademarks, service marks, graphics, trade names and logos (“WeWork Marks”) used in connection with the Services Store are trademarks or registered trademarks of WeWork in the U.S. and other countries throughout the world. All other trademarks, service marks, graphics, trade names and logos (“Third Party Marks”) are proprietary to the applicable licensor. You are granted no right or license with respect to any of the aforesaid WeWork Marks or Third Party Marks in connection with your use of the Services Store.COPYRIGHT NOTICE
Claims of copyright infringement should be sent to WeWork’s designated agent. Please visit WeWork’s Copyright Infringement web page (available at https://www.wework.com/legal/terms-of-service/copyright-infringement-claims) for the designated address and additional information.
DISCLAIMER OF WARRANTIES
WEWORK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (A) YOUR USE OF THE SERVICES STORE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WEWORK MAY REMOVE THE SERVICES STORE OR ANY SERVICE FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES STORE OR ANY SERVICE AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES STORE OR ANY SERVICE WITHOUT NOTICE TO YOU; (B) THAT ANY CONTENT YOU ENCOUNTER ON THE SERVICES WILL BE ACCURATE, RELIABLE, UP-TO-DATE OR ERROR FREE OR (C) THAT THE SERVICES STORE AND SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. YOU HEREBY RELEASE THE WEWORK PARTIES (DEFINED BELOW) FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM AND DATA, INCLUDING ANY SERVICES ACQUIRED OR RENTED THROUGH THE SERVICES STORE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES STORE IS AT YOUR SOLE RISK. THE SERVICES STORE AND ALL CONTENT AND SERVICES ACTUALLY DELIVERED TO YOU THROUGH THE SERVICES STORE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
LIABILITY LIMITATION
For the avoidance of doubt, nothing in this Agreement will exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any breach of any implied terms which cannot lawfully be excluded.
IN NO CASE SHALL WEWORK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS (THE “WEWORK PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES STORE OR ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES STORE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE SERVICES STORE OR ANY SERVICES, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES STORE OR ANY SERVICES POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES STORE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, WEWORK'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
WeWork shall use reasonable efforts to protect information submitted by you in connection with the Services Store, but you agree that your submission of such information is at your sole risk, and you hereby release WeWork from any and all liability to you for any loss or liability relating to such information in any way.
WeWork is not responsible for data charges you may incur for downloading or streaming files over a data connection.
INDEMNITY
By using the Services Store, you agree, to the extent permitted by law, to indemnify and hold the WeWork Parties harmless with respect to any claims arising out of your breach of this Agreement, your use of the Services Store, or any action taken by WeWork as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. To the extent permitted by law, you waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees (“Losses”) against the WeWork Parties resulting from or related to your use of any Services and/or the Services Store. You agree that you shall not sue or recover any Losses from the WeWork Parties as a result of its decision to remove or refuse to process any information or Services, to warn you, to suspend or terminate your access to the Services Store, or to take any other action during the investigation of a suspected violation or as a result of WeWork’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. 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.”
GOVERNING LAW; ARBITRATION AND CLASS ACTION WAIVER
This Agreement, the Services Store’s terms and any matters directly and exclusively related to the Services Store shall be governed by and construed under the applicable laws described below. Any matters otherwise related to your membership, shall be governed by the governing law set forth in the Membership Agreement or terms of service entered into by you or the company with which you are affiliated.
• If you are based in the U.S., the law of the State of New York, U.S.A. and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods or New York’s or any other implementation of the Uniform Computer Information Transactions Act.
• If you are based outside of the U.S., the law of England and Wales, without regard to conflicts of laws provisions thereof.
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 this Agreement, or at law, or the breach, termination or invalidity of this Agreement, which cannot be settled amicably by agreement of the parties to this Agreement shall be finally settled:
• If you are based in the U.S., by binding, individual arbitration 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.
• If you are based outside of the U.S., by binding, individual arbitration in accordance with the International Chamber of Commerce commercial arbitration rules then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be London, England. Any claim which is not subject to arbitration pursuant to this paragraph shall be adjudicated exclusively in the English courts.
You and we hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf.
Any proceedings made hereunder 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.
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.
30-DAY OPT-OUT PERIOD
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section, you must notify us in writing within 30 days of the date that you first accept this Agreement (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: Attn: WeWork Services Store, c/o WeWork Companies Inc., 115 West 18th Street, 4th Floor, New York, NY 10011. If you do not notify us in accordance with this Section, you agree to be bound by the arbitration and class-action waiver provisions of this Agreement, including such provisions in this Agreement revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Governing Law; Arbitration and Class Action Waiver section of this Agreement (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Governing Law; Arbitration and Clause Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this Section. This notification affects this Agreement only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in this Agreement shall not affect the other arbitration agreements between you and us.
OTHER PROVISIONS
This Agreement constitute the entire agreement between us regarding the Services Store and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. WeWork's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. WeWork will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services Store. Your use of the Services Store may also be subject to other laws, rules and regulations. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient.
WeWork may notify you with respect to the Services Store by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services Store. Notices shall become effective immediately upon WeWork sending such email or making such post. WeWork may also contact you by email to send you additional information about the Services Store.
You hereby grant WeWork the right to take steps WeWork believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that WeWork has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as WeWork believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to WeWork's right to cooperate with any legal process relating to your use of the Services Store and/or Services, and/or a third-party claim that your use of the Services Store and/or Services is unlawful and/or infringes such third party's rights).
Even after your use of or access to the Services Store ends, certain of these terms will remain in effect. All terms that by their nature may survive termination or expiration of this Agreement shall be deemed to survive such termination or expiration.
How can you notify us? If you have any questions, complaints, or claims with respect to the Services Store, you may contact us at Attn: WeWork Services Store, c/o WeWork Companies LLC, 115 West 18th Street, 4th Floor, New York, NY 10011 or feedback@wework.com.