Terms and conditions

General Terms and Conditions

Membership Terms and Conditions Agreement

The MPOWR Coworking + Collaboration Center (“MPOWR Coworking” or “MPOWR”) brings entrepreneurs, small businesses, remote professionals, and freelancers together into a shared space that fosters innovation, collaboration, and community. What follows are the terms and conditions to which all members of MPOWR must agree. A member who breaches any of these terms and conditions risks termination of his or her membership.

Your Membership Interest (defined below) is not a leasehold. This Membership Terms and Conditions Agreement does not grant you a lease in any part of the Premises (defined below). Your rights to access and use the Premises are subject to these Membership Terms and Conditions. MPOWR reserves the right to terminate your Membership Interest should you fail to abide by the terms of this Membership Terms and Conditions Agreement, including its Exhibits. MPOWR reserves the right to update this Membership Terms and Conditions Agreement and its Exhibits at any time. MPOWR will provide updates to you by way of the email address provided by you to MPOWR.

  1. Definitions. 1.1. Business Hours. Those hours indicated on the Rules of Conduct during which the Premises is open to Members and visitors. 1.2. Common Areas. The hallways, kitchen area, and other non-exclusive areas of the Premises. 1.3. Conference Rooms. The four, private meeting rooms that Members may reserve for use by the hour. Conference Rooms are subject to availability and reserved on a first come first serve basis. 1.4. Emergency Exit Plan and Building Map. The document attached hereto as Exhibit A. 1.5. Member. The individual who agrees to these terms and conditions in exchange for the right to use the Premises. 1.6. Membership Interest. The right of an individual to use the Premises, subject to the terms, conditions, and rules of MPOWR contained herein and otherwise amended or elsewhere promulgated. 1.7. Premises. That area of the 5th floor of 303 N. Main St., Rockford, IL, designated as The MPOWR Coworking + Collaboration Center. The Premises are managed by MPOWR as the MPOWR Coworking + Collaboration Center on behalf of SupplyCore Inc. 1.8. Rules of Conduct. The Rules of Conduct, as amended from time to time, is attached hereto as Exhibit B. 1.9. Terms of Use of Conference Rooms. The Terms of Use of Conference Rooms, as amended from time to time, is attached hereto as Exhibit C.
  2. Subject to the terms and conditions of this Membership Terms and Conditions Agreement, including any attachments, exhibits, and addenda (collectively, the “Agreement”) and any other policies MPOWR makes available to you from time to time, during the Term (defined below), MPOWR will use commercially reasonable efforts to provide you with the services described below (the “Services”): 2.1. Non-exclusive access to Common Areas; 2.2. Furnishings in the Common Areas: 2.3. Access to and use of a restricted, shared WIFi internet connection; 2.4. Use of shared printers, copiers, and scanners at the Premises; 2.5. Use of conference rooms during Regular Business Hours and subject to the Terms of Use of the Conference Rooms, availability, and a reservation; 2.6. Heating and air-conditioning of the Premises;
  3. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful pursuant to any federal or state law or prohibited by this Agreement or the Rules of Conduct. You may not use the Services in any manner that could damage, disable, overburden, or impair any MPOWR server or network or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, systems or networks connected to any MPOWR server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
  4. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this Agreement and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
  5. You agree that when participating in or using the Services, you will not: 5.1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise); 5.2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 5.3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through the Services; 5.4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; 5.5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; 5.6. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; 5.7. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; 5.8. Restrict or inhibit any other user from using and enjoying the Services; 5.9. Violate any Rules of Conduct or other guidelines which may be applicable for any particular Service; 5.10. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; 5.11. Violate any applicable laws or regulations; or, 5.12. Create a false identity for the purpose of misleading others.
  6. You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that MPOWR does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
  7. To the maximum extent permitted by applicable law, MPOWR provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality or arising out of participation in or the use of the services, remains with you.
  8. To the maximum extent permitted by applicable law, in no event shall MPOWR or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of MPOWR, and even if MPOWR has been advised of the possibility of such damages.
  9. MPOWR reserves the right to terminate any Service at any time. MPOWR further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with this Agreement.
  10. You release, and hereby agree to indemnify, defend and save harmless MPOWR and MPOWR’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by MPOWR or its respective officers and agents in connection with the defense of such claim or lawsuit.
  11. In the event that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
  12. Parking. No parking is provided to you as part of this Agreement.
  13. Insurance. Members are encouraged to procure insurance covering their activities on the Premises and covering the value of their property.
  14. MPOWR is entitled to access the nonexclusive areas of the Premises, with or without notice, in connection with our provision of the Services, for safety or emergency purposes or for any other purposes and may temporarily move furniture and modify or reduce the list of Services or furnishings provided. MPOWR is entitled to access the exclusively occupied areas of the Premises with reasonable notice to repair or maintain the Premises.
  15. Members must register all guests in advance in accordance with the procedures set forth in the Rules of Conduct. Members are responsible for the conduct of their guests and agree to hold guests to the standards set forth in this Agreement.
  16. Members shall be issued key cards that unlock the doors to the Premises. Upon termination of membership, Members shall return the key card to MPOWR. In the event a key card is lost, stolen, or not promptly returned at the termination of membership, Member agrees to pay MPOWR the Key Card Replacement fee listed in the Rules of Conduct.

Exhibit A Building Maintenance In the event you require assistance with systems, repairs or other related building maintenance, please contact:

Linnie Curtis, Lobby Attendant linnie.curtis@josephjamespartners.com. Linnie is located in the first-floor lobby. Standard operating hours are Monday – Friday 8:00 am – 5:00 pm.

Fire Emergency In the event of a fire, activate the building fire alarm system. The Rockford Fire Department must be notified of all fires, regardless of size, even if they have been extinguished.

In the event of a fire alarm, evacuate the building using east or west stairwells to the 1st floor of the building, using the closest outside exit onto the sidewalk.

When exiting the building, please utilize the stairs in the following manner: the left side should be used when descending quickly. Individuals who have difficulty descending stairs should use the right side of the stairwell.

DO NOT exit through the parking garage or attempt to use the elevators in event of an evacuation.

Once out of the building, walk north in an orderly fashion to the southwest corner of Beattie Park.

Severe Weather Alerts In the event of severe weather (a tornado touchdown or severe weather warnings/sirens), walk to the nearest stairwell (east or west) and descend the stairwell as far down as possible to the basement to take shelter.

All persons shall remain in the shelter area until severe weather danger is over.

General Safety Do not let anyone in the building that does not have their own key-fob or ID badge stating they work in the building.

In the event or threat of an emergency, dial 9-1-1.

If you see suspicious behavior, or something you are unsure about, please report the incident to our Lobby Attendant and/or contact the Rockford non-emergency police number at 815-966-2900.

Illness Related We all play a role in helping each other mitigate the spread of illness! Please be considerate and remain at home if feeling ill or experiencing illness related symptoms.

If you test positive for COVID-19, we ask that you please refer to the Center for Disease Control & Prevention website to review the most up-to-date isolation and quarantine precautions before returning to the workspace.

In the interest of tenant safety, MPOWR reserves the right to ask any patron of our co-working space exhibiting illness related symptoms to kindly remove themselves from the space until feeling better.

Exhibit B

Rules Regarding the Space • Clean Up After Yourself. Make sure spaces are as clean as you found them and free of clutter and food. • Don't Overuse Services or Amenities. Let’s make sure everyone has the same accommodations you are able to have. If there is an amenity that is depleted, please let us know at coworking@MPOWR.com.
• Do Not Share Key Cards or Access Cards. It is our goal to provide a sense of community and safety. Key cards and Access Cards require a fully refundable deposit of $30 at the beginning of applicable memberships, refunds of this fee will be contingent on members returning Key cards and Access Cards to MPOWR staff at the end of the membership period. In the event a Member loses a Key Card or Access Card, that Member must pay a $30.00 non-refundable replacement fee before a new Key Card or Access Card will be issued to the Member.
• Log Visitors. You are responsible for your visitors to the space, please escort them during their time here. • Don’t readjust the temperature to suit you. If you would like to report temperature concerns please contact us at coworking@MPOWR.com.

Coworker Etiquette • Be Considerate of the Shared Areas. Keep noise down. If you need to make a phone call, please keep the volume to a respectful level and avoid the use of speakerphones and slamming doors. Keep conversations to a respectful volume and professional in subject matter, as well as respecting others’ belongings. • Respect boundaries. Both on the physical and emotional levels, you should be mindful of other people's space. Keep office supplies such as pens or paper at your desk and bring them with you to meetings so you don’t have to borrow someone else's.
• Be Friendly! Take time to introduce yourself to other members in the space and refer business to them as you are able to. We’re all in this together! • Be Resourceful. If other members have questions regarding the space or booking spaces be a resource for them if you are already a pro!
• Know How and Where to Handle Delicate Work Situations. • Stick to Your Booked Schedule. For conference rooms and reserved spaces only use them for the period you have booked them for, and tidy up these spaces at the end of your reservation out of respect for those in the space after you. • If someone looks like they are busy and concentrating on something, they probably are and do not want to be interrupted by whatever is on the top of your mind.

Breakroom Etiquette • Please label your food. Please be considerate and throw away your old food in the fridge, we want to avoid any unwanted smells. • Please do not leave used or unclean dishes.

Illness and Sanitation Reminders: • Please don’t come into work if you’re not feeling well.
• If you have to sneeze or cough, please always do it in the crook of your elbow to keep droplets from spreading to objects or people. • Flush the toilet once you’ve finished. Report restroom issues when discovered to coworking@MPOWR.com. • Sanitize your workspace before and after use.

Personal Belongings. MPOWR is not responsible for the personal belongings of Members. Members shall not leave personal belongings in the Premises when not present in the Premises. Personal belongings left in the Premises when a Member is not present or once a Membership has terminated shall be considered abandoned and will be discarded.

Exhibit C MPOWR reserves the right to cancel or modify booking requests of conference rooms resulting in a refund of the amount paid for the said bookings up until the start of said booking. In the event of violations of any rules or guidelines set forth in Exhibit A, or these terms and conditions, MPOWR is not required to refund these balances. If a member or non-member is not present during any portion of the booking reservation, MPOWR reserves the right to still charge the total fees for the previously reserved time.