Terms and Conditions

Membership

  1. Nature of Membership
    Membership does not confer any interest in the executive lounge facility located on the first floor of building located at 575 Anton Blvd, Costa Mesa, California (the “Facility”) or any other facilities or improvements that comprise the project (the “Project”) located at 535, 555 and 575 Anton Boulevard, Costa Mesa, California and commonly referred to as “The MET”, the assets of the owner (the “Owner”) of the Project, or any right to participate in the management of the Facility, financially or otherwise. Membership solely confers the right to use and enjoy the Facility in accordance with the rules and regulations promulgated by Owner, as they may be changes from time to time.
  2. Approval of Membership
    Only on-site employees of Project tenants in good standing who are 18 years of age and older are eligible for membership. Memberships are non-refundable and non-transferrable.
  3. Fees and Dues / Billing / Notices
    Paid members shall be billed at monthly intervals coinciding with their membership inception date (the “Monthly Billing Date”). For example, if a member joined on the 8th of the month, the member’s card will be charged on the 8th of each subsequent month. Membership fees are subject to change without notice. All notices to Owner must be given, and all payments due to Owner must be made, to Owner’s property manager for the Project at the address designated by that property manager from time to time.
  4. Membership Cancellation
    1. Voluntary Cancellation. Members can cancel their membership at any time. For example, if a member joined on the 8th of the month, the member’s card will be charged on the 8th of each subsequent month. If a member cancels at any time within that month, their cancellation would be effective on the 7th of the following month. No resignation will be effective until all outstanding charges are paid in full.
    2. Involuntary Cancellation. Owner reserves the right at any time to terminate the membership or privileges of any member for failure to comply with any of the rules or regulations adopted by Owner or for any conduct that Owner determines to be improper or in any way contrary to the best interest of Owner or any other member. All such memberships shall be deemed terminated upon transmission of written notification to the member’s last known address. The terminated member shall promptly (i) return all access cards to Owner and (ii) pay all outstanding charges in full. Owner may terminate the membership of any member who is forty-five (45) days in arrears with respect to any payment.
    3. Death or Disability. If by reason of death or disability, a member is unable to use the services or facilities at the Facility, the member or the member’s estate, as applicable, shall be relieved from the obligation to pay any membership dues other than for those that accrued prior to death or the onset of disability. Any prepaid sums for services not received shall be promptly refunded to the member or the member’s estate, as applicable. Proper notification and documentation must be provided before membership termination shall occur and any refunds given.

Facility Rules & Regulations

  1. No member shall permit any unauthorized guest to use the Facility. All members must have a pre-authorized cardkey or HID Mobile Access to enter the Facility. A pre-authorized cardkey shall not be issued to a prospective member until receipt by Owner or its authorized agent for the Facility of the $25 activation fee for use of the Facility by such member.
  2. The Facility will be open twenty-four (24) hours Monday through Friday, but will be closed on Saturday and Sunday. Owner shall have the right to alter hours of use of the Facility at Owner’s sole discretion.
  3. If any member feels faint, dizzy, sick, experiences pain and/or has difficulty breathing while using the Facility, such member shall immediately stop activity and cool down. In the event such member does not feel better, such member shall promptly call 911 for assistance.
  4. In the event a member notices any faulty or malfunctioning equipment, hazardous conditions, situations, or safety concerns, while using the Facility for any reason, such member shall report the situation to Owner or personnel of the Facility immediately.
  5. An individual member’s cardkey or credentials to a member’s HID Mobile Access to the Facility shall not be shared and shall only be used by the individual member directly. Failure to abide by this rule may result in immediate termination of such member’s right to use the Facility. All members indemnify, protect, defend and hold Owner harmless from all actions, claims or demands (and consequent attorneys’ fees and costs) that may be brought by (i) third persons wrongfully accompanying member to the Facility, or (ii) their assigns, heirs, distributees, guardians and legal representatives, arising from said third persons use of the Facility.
  6. All members shall keep the Facility in a neat and orderly condition.
  7. No member shall store anything in the Facility, except to the extent temporarily stored in the lockers during a member’s use of the Facility. All personal articles shall be removed upon completion of the member’s use of the Facility. Lockers are for day use only. Locker keys must be in the possession of the member at all times while accessing the Facility and must be surrendered upon leaving.
  8. No food, alcoholic beverages, gum or glassware are allowed in or around the Facility at any time.
  9. No photo, video, or audio recording is permitted in the Facility at any time.
  10. Smoking is strictly prohibited in the Facility at all times.
  11. All persons under the age of 18 are expressly prohibited from entering the Facility at any time.
  12. All members shall abide by a 30-minute time limit use when there is a line for any private rooms.
  13. Owner reserves the right to change membership fees, add, subtract, or modify the equipment available at the Facility, alter the Facility hours of operation, or add, change or delete any of the rules & regulations of this the Facility as may from time to time be deemed necessary in the sole and absolute discretion of Owner.
  14. Members acknowledge that Owner may in its sole discretion install video recording devices in the lobby area of the Facility from time to time, and such devices may film the lobby area for security purposes, and such recordings shall not be commercially exploited. Members further acknowledge that video recording devices, security devices and other programs provided by Owner from time to time, if any, may not prevent theft or other criminal acts, or insure the safety of persons or property, and Members expressly assume the risk that any video recording device, security device or other program may not be effective or may malfunction or be circumvented.

Use of Application and Online Services

  1. Your Responsibilities
    1. As part of your Membership, you may be entitled to use a mobile application and/or web-based services (collectively, the “Online Services”), for example, to make reservations or to receive updates regarding the Facility. You may be required to register to use the Online Service. When you register, Owner may collect certain personal information about you. You agree that Owner may use any information Owner obtains about you in accordance with the provisions of Owner’s Privacy Policy. You also agree to: (a) provide true, accurate, current and complete information when prompted (e.g. , at registration); and (b) maintain and update such information so that it is true, accurate, current and complete at all times. You are responsible for obtaining and maintaining all equipment and services (e.g. , mobile phone and wireless service) needed in order to access and use the Online Services and for paying all related charges.
    2. As part of the set-up and registration process, you may be asked to select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Online Services to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. OWNER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
    3. The Online Services are provided for your personal, non-commercial use only. The content on the Online Services, including, without limitation, photos, clips, videos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and Owners trademarks, design marks, as well as certain other of the names, logos and materials displayed on or through the Online Services that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by or licensed to Owner and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Online Services or any portion of the Online Services, including, without limitation, the Content and the Marks, except as authorized by Owner and its applicable licensors.
    4. Owner reserves the right, in its sole discretion, to terminate your access to all or part of the Online Services, for any reason, with or without notice. FURTHER, YOU AGREE THAT OWNER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON’S) ACCESS TO THE ONLINE SERVICES (OR ANY PORTION THEREOF).
    5. Owner reserves the right to modify or discontinue the Online Services with or without notice to you. Owner shall not be liable to you or any third party should Owner exercise its right to modify or discontinue the Online Services.
    6. The Online Services may contain links to third party websites, images, videos, gifs, or other Internet resources that are not owned or controlled by Owner ( “Third-Party Materials”). Owner’s provision of a link to any other Third-Party Materials is for your convenience only and does not signify Owner’s endorsement of such other website or resource or its contents. OWNER SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY MATERIALS INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ONLINE SERVICES OR ANY LINKED WEBSITE.
  2. DISCLAIMERS AND LIMITATIONS OF LIABILITY
    1. YOU EXPRESSLY AGREE THAT USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. THE ONLINE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OWNER AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
    2. Owner and its affiliates make no warranties or representations that the Online Services will meet your requirements or that the results that may be obtained from use of the Online Services will be accurate or reliable. Further, Owner and its affiliates make no warranties or representations about the accuracy or completeness of content available on or through the Online Services or the content of any websites linked to the Online Services and assume no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content or confidentiality; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Online Services; (c) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (d) any interruption or cessation of transmission to or from the Online Services; (e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Online Services by any third party; and/or (f) for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Online Services.
    3. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OWNER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE ONLINE SERVICES.
  3. Arbitration
    1. Any dispute arising from or relating to these Terms and Conditions or the provision or use of the Online Services, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Terms and Conditions (or the interpretation, performance, or breach of them), or the Online Services (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Orange County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and Conditions. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.

Done

Effective Date: June 28, 2018