IF YOU ARE A RESIDENT OF THE INDIA OR ACCESS OR USE THE SERVICE IN INDIAN SUBCONTINENT, BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT (UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE) AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “ARBITRATION” BELOW TO RESOLVE ANY DISPUTES WITH DESKLINQ.
You should understand that Hosts are also required to agree to additional terms and conditions relating to the provision of services to Users; and such additional terms and conditions will be provided by the Company directly to Hosts in the course of the registration process or otherwise as determined by the Company.
The Service may provide Users the ability to reserve spaces through a variety of reservation and billing programs, including but not limited to pay-as-you-go, subscription, and as part of a Team (the "Team"), managed by one or more managers (the "Team Manager(s)") where invited Users are grouped into a Team account. The Team Account is subject to the same Terms as Users.
The Service enables the User to pay for space use (the “Space Reservation”) that may include hourly, daily, weekly or monthly charges (the “Space Use Charge”).
The Service may charge Users and Hosts fees for use of the Service, including subscription, reservation, service, and late fees, as communicated to User by the Service.
The service may provide subscriptions with a certain number of day pass credits per month valid between the Space’s open and closing times (“Credit” or “Credits”) to select Spaces in exchange for specified monthly membership fee (each, a “Membership” or a “Subscription”).
You understand that the Membership has a monthly cycle (the “Cycle”), and that, unless otherwise agreed, the monthly Cycle applicable to the Service begins and renews as of the monthly calendar date on which the Service was initially acquired (e.g. if You acquire Service as of the 5th of the month, the Membership will last until the end of business on the 4th of the following month). Additional terms applicable to such Membership may be detailed on the Site. Each Membership will be valid for one calendar month, and can be used only to make reservations at Spaces on days Spaces are open and have available reservations.
Desklinq may choose, at its sole discretion, to offer rollover Credit features for unused Credits, as noted in the Membership descriptions, rolling select unused Credits into the following month, transferring them during plan changes, setting caps on how many unused credits may be saved, or expiring unused credits over time. The Service does not include any guarantee of any minimum number of reservations, and Desklinq may elect to offer or rescind any of the foregoing Credits at any time.
Company may choose to offer Guest Credit features that enable You to assign a limited number of Your Credits to a Guest who will be subject to this Agreement by accepting your invitation. Guest Credits are assigned to specific persons, and may not be reassigned to another person by You or your guest.
Memberships are put on hold if the monthly fee is not paid or cannot be charged due to a billing Cycle, and any unused Credits you may have accumulated from previous subscription Cycles may not be usable by You until the billing issue is resolved and your Subscription is reinstated. Company may cancel your account and delete any unused Credits you may have accumulated after a period of time determined by Company in the course of resolving a billing issue. No refunds will be provided for unused Credits; any unused Credits are forfeited upon cancellation of Your Desklinq Membership.
If You are a company or similar entity, and You purchase a Desklinq Subscription for an employee of Yours, You agree that each such Desklinq Subscription will be assigned to a specific employee, and cannot be reassigned to any other employee. No Desklinq Subscription can be assigned to non-employees absent the specific agreement of the Company.
No refunds will be made for partial Desklinq Membership Cycles – all cancellations apply to and take effect as of the end of the applicable monthly Desklinq Membership Cycle. Desklinq Membership charges will automatically renew on a monthly basis unless terminated by the User in advance of the end of the Cycle, which prevents Membership renewal at the end of the Cycle.
In order to make a reservation in a Space, or to offer a reservation, or otherwise make available your Space to another User through the Service, you must register for a User account.
In connection with registering for, using or participating in the Service (whether as a Guest and/or Host), you agree to (i) provide accurate, current and complete information about you and your organization as requested by Desklinq (“Profile” and "Registration Data", respectively); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Desklinq, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
Upon successful completion of your sign-up with the Company, you will be provided with a personal account (an “Account”), accessible to you by a password of your choice. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Service or Spaces.
By making a reservation for a Space via the Service, each Guest acknowledges and agrees that it is entering into an agreement directly with the applicable Host, the terms of which are located at www.desklinq.com/legal/space-use-license (the “Space Use License Agreement”) and which include any and all additional terms, conditions and policies provided by the Host relating to the use of such Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Host (the "House Rules” and, together with the Space Use License Agreement, as applicable, the “Space License Agreement”).
The following terms shall apply to all Service Terms, specifically also the Space Use License Agreement, in accordance with the applicable Registration Data, Profile, Space, Guest, and Host.
the “Agreement Time” shall mean the date and time the reservation is booked through the Service;
a “Minimum Fee” may apply;
the “Host” shall mean the Host and the Host’s email and address shall have the values set by the Host in the Host’s Profile as of the Agreement Time;
"You" or “Guest” shall mean the Guest and the Guest’s email and address shall have the values set by the Guest in the Guest’s Profile as of the Agreement Time;
the “Space” shall be the space the Guest reserves by making a reservation through the Service;
the “Maximum Occupancy” shall be the value set by the Host in the Profile for the Space as of the Agreement Time;
the “Building” shall be the Building in which the Space is located as set by the Host in the Profile for the Space as of the Agreement Time;
the “Term” shall be the term of the reservation specified by the Guest and authorized by the Host;
the “Desk, Meeting, And Office Fee(s)” shall be set by the Host in the Profile for the Space as of the Agreement Time;
Desklinq may charge Users and Hosts a “Service Fee(s)” for providing the Service and for processing reservations and charges, as well as late fees for past due balances, as communicated to You through the Service and as set forth in the Host Onboarding Terms;
the Subscription, Desk, Meeting, And Office Fee(s), Service Fees, and late fees together shall be the “Fees”;
While Desklinq is not a party to the Space License Agreement between a Guest and a Host, a Guest’s use of the Service is dependent upon such Guest’s compliance with the Space License Agreement. Consequently, as a Guest, you agree to abide by, and cause your employees, agents, guests, invitees, contractors, directors, shareholders, members and representatives to abide by, the Space License Agreement. In the event of any conflict between the terms and conditions of the House Rules and the Space Use License Agreement, as applicable, the terms set forth in the House Rules shall control. Any acknowledgement and acceptance of the Space License Agreement, as well as of any applicable House Rules, by a Guest as a part of making a reservation establishes an agreement directly between the Guest and the applicable Host. The Hosts, not Desklinq, are solely responsible for honoring any confirmed reservation and making available any Spaces reserved through the Service. Guests, and not Desklinq, will be responsible for complying with the applicable Space License Agreement and performing their obligations under any such agreements. Desklinq is not a party to those agreements, and Desklinq disclaims any and all liability arising from, related to or in connection with any such agreements. Desklinq does not act as an insurer or as a Guest’s or Host’s real estate broker.
Desklinq may, but has no obligation to, monitor disputes between you and any other Users relating to the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Desklinq IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USERS, GUESTS, HOSTS INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO. Desklinq DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY HOSTS OR IN ANY COLLECTIONS (AS DEFINED BELOW), OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY RELEASE Desklinq FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM RELATING TO, OR IN CONNECTION WITH ANY SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE, COLLECTIONS SENT TO YOU BY ANOTHER USER AND THE QUALITY, HABITABILITY, CONDITIONS OR SUITABILITY OF ANY SPACE.
You are responsible for paying all applicable taxes associated with your use of the Service.
In exchange for your use of the Service, you agree that Desklinq will process payments on your behalf and be the Host’s limited payment collection agent, and the Fees paid shall be considered the same as a payment made directly to the Host.
For Memberships, Desklinq will process payment for the monthly fee on the first day of the Cycle.
For Space Reservations, Desklinq will process payment for the applicable reservation within 2 hours after the reservation ended. You will be charged the Fees for the total time reserved, as set forth in the offering for the Space. Any changes you make to your reservation after it is made may result in an adjustment to the Fees for the reservation subject to the Cancellation Terms (defined below). In the event you use the Space for longer than the amount of time you booked for your reservation, the applicable Host may adjust the Space Use Charge for your reservation based on your actual use of the Space. If you believe a change to your Space Use Charge made by a Host was in error, you may request a refund by providing notice to Desklinq through the Service. Desklinq may provide you a full or partial refund, after a thorough review with the Host, as determined at Desklinq’s sole discretion. Additionally, any associated Fees may also be partially or fully refunded solely at Desklinq discretion.
Upon any change to a payment method or each reservation request, Desklinq may seek authorization of Your selected payment method via credit card or bank authorization to verify Your payment method, ensure the reservation cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce Your available credit by the authorization amount until your bank’s next processing Cycle. Should the amount of our authorization exceed the total funds on deposit in Your account, You may be subject to overdraft of NSF charges by the bank issuing Your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Credit card payment processing services are subject to Razorpay’s Account Agreement, which includes the Razorpay’s Terms of Service (collectively, the “Razorpay Services Agreement”). By agreeing to these Terms and/or by using any credit card processing services via the Service, User agrees to be bound by the Razorpay’s Services Agreement, as the same may be modified by Razorpay from time to time.
Guest must maintain a valid credit card on file in order to maintain a Desklinq Membership and use the Service. By providing such information and using the Service, User understands and agrees that Desklinq (and/or the third party service provider, as applicable) may process charges for payments so initiated by the User in accordance with the Fees and rates that are then in effect.
Each User will indemnify, defend, and hold Desklinq harmless from any breach of credit or debit card processing and/or issuing agreements, and/or violation of applicable law.
Desklinq may use temporary authorized holds on your credit card to verify your payment method. When you create a Desklinq account, update your payment method, or make a reservation, you may see a pending transaction on your payment method, an Authorization Hold. This is not an extra charge, it’s a temporary authorization hold used to verify your payment method. The hold will never actually process, but may show up as "pending" on your bank statement. If you see a pending amount, it will be removed by your card issuer, usually within 3-5 business days, and your card will never actually be charged. Once your card is successfully charged, Desklinq immediately releases the hold. Please contact your bank for more information about their authorization timeframes and policies.
If you are a Host, you acknowledge that Desklinq accepts payments from Guests as a limited collection agent for the Host and that Desklinq’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Desklinq does not guarantee payments to Hosts for amounts that have not been successfully received by Desklinq from Guests.
Desklinq may collect a Deposit on behalf of the Host and hold it for the benefit of the Guest and Host during the term of the reservation pursuant to the terms and conditions of the Space License Agreement.
Any reservations that are cancelled by the Guest or by the Space at the Guest's request are subject to the Cancellation Terms.
Cancellations of any Space License Agreement shall be governed by the terms and conditions of the Space License Agreement (the "Cancellation Terms").
You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding You or Your company or organization including, if You are a Host, Your Space (a "Profile"). Your Profile will display to other Users certain of Your Registration Data and other content about You or Your company or your organization including, if You are a Host, Your Space, that you upload or otherwise provide to Desklinq for use in Your Profile (collectively the "Profile Content"). You agree to provide accurate and current information in Your Profile and to promptly update the Profile Content to keep it accurate and current.
You are solely responsible for the Profile Content, messages, notes, text, information, offerings, images, links and any other content that You upload, publish, display or otherwise provide to Desklinq for display (hereinafter, "post") on or through the Service, or transmit to or share with other Users or to third parties via the Service (collectively, "User Content"). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post.
For Site and Application curating purposes, you agree that Desklinq may edit the Host Profile content, and supplement or replace Profile images. Before doing so, Desklinq will request permission at the Host’s contact email in your profile, which permission may not be unreasonably denied or delayed. Desklinq will not post, transmit, or distribute User Content that Desklinq did not create or that Desklinq does not have permission to post.
Desklinq does not verify the accuracy, completeness, reliability or authenticity of any User Content, including any Space descriptions or Space availability information provided by Hosts, and makes no representations or warranties with respect to any User Content.
"Desklinq" is a trademark of Desklinq Corporation "Desklinq", and together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of Desklinq in the U.S. and other countries ("Desklinq Marks"). You may not use the Desklinq Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Desklinq endorses any product or service. You may not reproduce or use the Desklinq Marks without the prior written permission of Desklinq.
use automated scripts to collect information from or otherwise interact with the Service;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Service;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Desklinq;
upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
upload, post, transmit, distribute, store or otherwise make publicly available on the Service any private information, including any personally identifiable information or personal data, of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers, unless expressly requested by your invitee, in which case you may provide your invitee’s name and email to the Service on the designated Application page in order for the Service to facilitate invitations that you initiate through the Service;
interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
upload, post, transmit, distribute or otherwise make available any material which does or may infringe any copyright, trade mark or other intellectual property rights of any other person;
upload, post, transmit, distribute or otherwise make available any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
use or attempt to use another's account, service or system without authorization from Desklinq, or create a false identity on the Service;
use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews;
use the Service in a manner that violates any law (including the CAN-SPAM Act of 2003) or otherwise conduct illegal activities in connection with your use of the service
upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of Desklinq, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Desklinq or its users to any harm or liability of any type.
You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED, and Desklinq expressly disclaims any liability that may result from Your High Risk Use of the Service or any Space, to the extent permitted under applicable law. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act.
• the User Content and all other content submitted to the Service through Your account or otherwise posted, transmitted, or distributed by You on or through the Service: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain libelous, defamatory or otherwise unlawful material, (iii) is truthful and accurate, and (iv) is not materially misleading or fails to include any statement necessary to make such material not misleading; and
• you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.
The Site may contain (or You may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Desklinq. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that, with respect to Third Party Sites, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You may not derive or attempt to derive the source code of all or any portion of the Application, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Application or any part thereof.
Desklinq and its licensors own and shall retain all intellectual property rights and other rights in and to the Application, and any changes, modifications or corrections thereto.
Desklinq respects the intellectual property rights of others and expects Users of the Service to do the same. Desklinq complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legis.... We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us.
If you believe that any User Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
your contact information, including your address, telephone number, and an email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe that your User Content that was removed after we received a notice of copyright infringement is not actually infringing, or that you have the necessary rights to post your User Content, please send us a counter-notice containing the following information:
your physical or electronic signature (with your full legal name);
identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
a statement that you have a good faith belief, under penalty of perjury, that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed User Content in ten business days. Unless the original person alleging copyright infringement files an action seeking a court order against the User Content Host, member or User, the removed User Content may be replaced, in 10 to 14 business days or more after receipt of the counter-notice, at Desklinq’s sole discretion.
Filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
We reserve the right to remove User Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Desklinq may also terminate a User's account if the User is determined to be a repeat infringer.
Desklinq is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information, Host material, or Guest information. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Desklinq is not responsible for the conduct, whether online or offline, of any User, including any Guest's non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Desklinq shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will Desklinq be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Spaces, products or services provided by Users.
DESKLINQ PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO HOSTS AND GUESTS "AS IS," “WHERE IS,” AND “AS AVAILABLE.” EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, DESKLINQ AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. DESKLINQ CANNOT GUARANTEE AND DOES NOT PROMISE TO HOSTS AND GUESTS, AND HOSTS CANNOT GUARANTEE AND DO NOT PROMISE TO GUESTS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. DESKLINQ FURTHER CANNOT GUARANTEE THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. IN NO EVENT WILL DESKLINQ BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR OTHER DATA.
YOU AGREE THAT DESKLINQ HAS NO SPECIAL RELATIONSHIP WITH, OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT DESKLINQ HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) WHICH INDIVIDUALS, COMPANIES OR OTHER ENTITIES GAIN ACCESS TO OR USE THE SERVICE; (II) THE CONTENT THAT YOU MAY ACCESS VIA THE SERVICE; (III) THE EFFECT THE CONTENT MAY HAVE ON YOU; (IV) HOW YOU OR OTHER INDIVIDUALS MAY INTERPRET OR USE THE CONTENT; OR (V) THE ACTIONS YOU OR OTHER USERS OR PROVIDERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. THE SERVICE MAY CONTAIN, OR MAY CONTAIN LINKS TO SERVICES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE.
WITHOUT LIMITING THE FOREGOING, DESKLINQ DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; DESKLINQ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE RESERVATION WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND DESKLINQ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. IN NO EVENT WILL DESKLINQ BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR OTHER DATA.
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT THE DESKLINQ’ LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER APPLICABLE LAW.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): DESKLINQ MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE. DESKLINQ WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON DESKLINQ’S EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE SERVICE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICE.
IN NO EVENT WILL DESKLINQ OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A GUEST'S USE OF A SPACE, EVEN IF DESKLINQ IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DESKLINQ BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A GUEST AND A HOST. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESKLINQ’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DESKLINQ FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Desklinq shall not be liable to You or any third party for any claim or liability of any kind that arises from Users’ interactions with any Hosts or with any other third party organizations and/or individuals found on or through the Service. This includes, but is not limited to, any claim or liability arising from or associated with: The ability of Users to access a Host’s facilities; the conditions at or the use of a Host’s facilities; any services, food, or other aspects or features of a Host’s facilities; the delivery of goods and services in general, the content or subject matter found on the Service or any website, and any other terms, conditions, warranties or representations associated with listings on the Service. In addition, Desklinq shall not be liable for any damage or loss of any kind caused by Users when such Users access or use any Space or associated facilities.
You understand that Desklinq is not a Host, and that Desklinq is not responsible for the quality or security of Space(s) or services provided by Hosts. By using the Service and/or by accessing any Space(s) You acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of, and that You expressly assume, any and all of the risks associated with using the Service and accessing Space(s), which may include, but are not limited to, property damage, illness and bodily injury or death. Hosts, not Desklinq, are responsible for maintaining applicable ADA compliance and update their ADA status on their profile hosted within Desklinq’s Service platform.
Users agree that their sole recourse for any loss, damage, harm or claim (collectively, “Claim”) as described in the previous paragraph will be against the applicable Host(s) or applicable third party(s), and hereby waive any recourse against the Desklinq for such Claims.
Hosts agree that their sole recourse for any Claim of any kind caused by or arising from Users’ access to or use of Spaces (or Host’s facilities in general) will be against such User(s) or applicable third party(s); and further, Hosts hereby waive any recourse against Desklinq for any such Claims.
Desklinq is and will be under no obligation to become involved in disputes between Users and Hosts or other third parties. In the event of a dispute of any kind that arises between a User and a Host or other third party (including but not limited to claims based on business losses, damage to individuals or property, personal injury, and any other loss, damage or claim), You hereby waive and release Desklinq, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Desklinq’s Website(s) and/or Service.
AS A CONDITION OF THE USE OF THE SERVICE, YOU, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS DESKLINQ, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY FOR ANY CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES OF ANY KIND THAT MAY ARISE OUT OF OR IN ANY WAY ARE RELATED TO YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, DESKLINQ'S ROLE AS A LIMITED COLLECTION AGENT ON BEHALF OF HOST.
If you are a "consumer" for the purposes of the Australian Consumer Law, certain guarantees may be conferred on you and certain rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, Desklinq's liability to you under the Australian Consumer Law is limited at Desklinq's option to: (i) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (ii) in the case of services, resupply of the services or payment of the cost of re-supplying the services.
Desklinq may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Desklinq.
Hosts may terminate their Desklinq account at any time by providing Desklinq with notice of termination via email sent to firstname.lastname@example.org. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Desklinq at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Desklinq will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Host and your Collections, on or through the Service.
Guests may terminate this Agreement at any time by deleting the Application from your device, ceasing all use of the Service and requesting Desklinq to cancel your Membership or account via email sent to email@example.com.
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to Desklinq of your intent to arbitrate (“Notice”). The Notice to Desklinq should be sent by emailing the Notice to firstname.lastname@example.org.
The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The arbitration will be administered by the International Institute for Conflict Prevention and Resolution (“CPR”) under the CPR Rules for Administered Arbitration by a single arbitrator. The arbitration will be conducted in the County of Cook, State of Illinois, United States.
Each party will be responsible for paying any CPR, administrative and arbitrator fees (other than the initial filing fees) in accordance with CPR Rules, except that Desklinq will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Nothing in this Arbitration Agreement shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.
If you do not want to arbitrate disputes with Desklinq and you are an individual, you may opt out of this Arbitration Agreement by sending an email to: email@example.com within 30 days of the first of the date you access or use the Service.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed exclusively and irrevocably by the laws of the State of Illinois and the FAA without regard to or application of its conflict of law provisions or your state or country of residence, and will be brought solely in the federal or state courts located in Cook County, Illinois, United States. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Accessing the Service is prohibited from territories where such content of service is illegal. If You access the Service from other locations, You do so at Your own initiative and risk and are responsible for compliance with local laws. Access and use of the Service is limited to the United States.
By using the Service, You consent to receive from Desklinq reasonable communications including notices, agreements, legally required disclosures or other information in connection with the Service (collectively, "Contract Notices") electronically. Desklinq may provide such electronic Contract Notices by posting them on the Service. If You desire to withdraw Your consent to receive Contract Notices electronically, You must discontinue Your use of the Service.
This Agreement between You and Desklinq with respect to the Service supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Desklinq with respect to the Service. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
A summary of Desklinq legal docs is available at https://www.desklinq.com/terms