Terms of Use1. General DescriptionWelcome to SpaceCadet.io!SpaceCadet Fleet, Inc (“ SpaceCadet ”)​is a provider of a service to market and license physical space(“Services​”) among members of our online community (“Members​”). These terms of service (“Terms​”) apply to use of the SpaceCadetio website or the mobile version thereof (the “Site”). By accessing, using, or contributing to the Services or the Site, and in consideration for the Services we provide to you, you agree to abide by these Terms. If you do not agree to be legally bound by all the following terms, please do not access and/or use the Site or the Services.SpaceCadet may change these Terms from time to time, at SpaceCadet’s sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all of said changes in the Terms. We encourage you to periodically revisit these Terms.2. Community Participation2.1 RegistrationTo utilize certain portions of the Site and Services, you may be required to complete a registration process to establish an account with SpaceCadet (“Account​”). You represent and warrant that all information provided by you to SpaceCadet is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.2.2 Password and SecurityAs a registered user of the Site, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality of any passwords received or established in connection with your Account. You understand and agree that you are individually responsible for any postings made from your Account. Any account you create is not transferrable, and you agree to immediately notify SpaceCadet of any unauthorized use of your Account.2.3 PrivacySpaceCadet respects the privacy of all users. Please refer to SpaceCadet’s Privacy Statement provided on the Site. The Privacy Statement is expressly incorporated herein by reference and, as such, is part of the Terms.2.4 User Generated ContentSpaceCadet does not pre-screen any contributed content, nor does SpaceCadet regularly review all contributed content. SpaceCadet does have the absolute right (though not the obligation) to remove, without notice, any content posted.By posting any content, you represent and warrant (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or (b) such posted content is in the public domain, or (c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.You also agree not to post any of the following types of content to the Site:(a) adult content, pornography, explicit sexual images, or nude images;b) content containing explicit, vulgar, or obscene language;(c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;(d) content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;(e) content promoting pirated software; or(f) content intending for phishing or spreading malware.(g) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);(h) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.(i) with respect to employers that employ four or more employees, that violates the antidiscrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.(j) that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);(k) that includes personal or identifying information about another person without that person's explicit consent;(l) that is false, deceptive, misleading, deceitful, misinformative, or constitutes a bait and switch;(m) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;(n) that constitutes or contains marketing efforts, link referral codes, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial correspondence of any nature;(o) that constitutes or contains any form of advertising or solicitation if posted in areas of the site which are not designated for such purposes; or emailed to site users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;(p) that includes links to commercial services or web sites, except as allowed in SpaceCadet "services";(q) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;(r) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;(s) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or(t) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to:{u) contact any SpaceCadet user who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;{v) stalk or otherwise harass any SpaceCadet user;{w) collect personal data about other SpaceCadet users for commercial or unlawful purposes;{x) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by the site;{y) post Content in a locale in which you do not live, work, or travel, or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;{z) post the same item or service in more than one classified category or forum, or outside of a locale in which you live, work, or travel;{aa) attempt to gain unauthorized access to site systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;{bb) use any form of automated device or computer program that enables the submission of postings on the site without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.2.7 Parental NoticePursuant to 47 U.S.C. Section 230(d) as amended, SpaceCadet hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).3. Content3.1 Information AccuracySpaceCadet makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted on the Site or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted on the Site. SpaceCadet is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted on the Site. SpaceCadet is not responsible for the change of information at third party sites/shops offers including but not limited to rebate information, pricing, availability or fitness for use. You understand that SpaceCadet. does not and cannot review all material made available through websites linked or linking to any part of the Site. SpaceCadet. does not warrant that the Site or any functions contained in SpaceCadet. content on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL SpaceCadet. OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SPACECADET WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.3.2 LinkingYou understand that any linking to or from the Site does not imply in any way that SpaceCadet endorses or is affiliated with any third-party website. You agree that SpaceCadet bears no responsibility or liability for any content accessed or harm caused from any third-party website.3.3 Trademark InformationYou agree that all of SpaceCadet's trademarks, trade names, service marks, and other logos and brand features, including "SpaceCadet", displayed on the Site ("Marks​") are trademarks and the property of SpaceCadet. You agree not to display or use SpaceCadet's Marks in any manner without SpaceCadet's prior permission.3.4 Digital Millennium Copyright Act PolicyNotice and Takedown ProcedureIt is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA​"). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.It is expected that all users of any part of the Site will comply with applicable copyright laws. If SpaceCadet receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.If we remove or disable access to the Site in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.Designated AgentSpaceCadet's Designated Agent to receive notification of alleged infringement under the DMCA is:SpaceCadet Fleet, Inc
Attn: Copyright Agent
Email: hello@spacecadet.ioUpon receipt of proper notification of claimed infringement, SpaceCadet will follow the procedures outlined herein and in the DMCA.Infringement NotificationIf you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SpaceCadet's Designated Agent (listed above) the following information in a written communication
(preferably via email):Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;Identification of the material on the Site 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 SpaceCadet to locate the material;Information reasonably sufficient to permit SpaceCadet to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;The following statement: "I 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";The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; andA physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.Counter NotificationA provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide SpaceCadet's Designated Agent (listed above) the following information in a written communication (preferably via email):Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;Your name, address, and telephone number;The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; andYour signature, in physical or electronic form.Upon receipt of such counter notification, SpaceCadet will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that SpaceCadet will replace the removed material or cease disabling access to it in 10 business days. SpaceCadet will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.Repeat InfringersIn accordance with Section 512(i)(1)(a) of the DMCA, SpaceCadet will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.4. Disclaimer of Warranties & Limitation of Liability4.1 DISCLAIMER OF WARRANTIESYOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SpaceCadet DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.4.2 LIMITATIONS OF LIABILITYUNDER NO CIRCUMSTANCES SHALL THE SITE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.5. Other5.1 INDEMNITYYou acknowledge and agree to indemnify and hold SpaceCadet, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Service, your breach of any of the representations and warranties herein, or your violation of any rights of another.5.2 CHOICE OF LAWYou agree that the provisions of this contract are to be interpreted by and in accordance with Texas law.5.3 ARBITRATIONAny controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered in Texas by the American Arbitration Association under its Commercial Arbitration Rules. You further agree that: (a) the arbitration shall be held in San Antonio, Texas; (b) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or SpaceCadet's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Section 5.3 shall be null and void, and neither you nor SpaceCadet shall be entitled to arbitrate their dispute.