Legal Agreement: Terms of Service

Eastside Jewish Commons: User Agreement Terms and Conditions Thank you for becoming an Individual Community User (User) of the Eastside Jewish Commons (EJC). With User status -- and with a related account in EJC’s community management platform, Proximity -- you will join the EJC community and be allowed access to the many spaces, rooms and services of the EJC. The EJC’s mission is to create and sustain a lively and inclusive gathering place on Portland’s Eastside, with educational, cultural, spiritual, religious, and social programming offered by multiple Jewish community organizations. The EJC will both serve and strengthen the Jewish community for generations to come. Our 13,000 sq. ft. building offers a bright, airy, modern space that allows for both traditional and creative programming and connection points for classes, tutoring, meetings, coworking, gatherings, events and more. By becoming a User of the Eastside Jewish Commons (EJC) you agree to the following Terms and Conditions: Health & Safety Agreements: You agree to enter the EJC building only if you are healthy and do not show any symptoms of Covid-19 or other contagious virus. You also agree that you have not tested positive for Covid-19 within the last 14-days or have been exposed to the virus in the last 10 days (as per the CDC definition of exposure). If you contract Covid-19 within a period of seven days after being in the EJC building, you agree to share this information with our Executive Director so that we can keep our space as safe and clean as possible. We will keep all identifying information confidential. For our Covid-19 policies and procedures, including communications policies, please see the EJC User Handbook. Regular User/Community Partner of the EJC The EJC offers a variety of user options. If you choose to become a Regularly Recurring User or Community Partner of the EJC, you will sign an additional Statement of Relationship Agreement that will outline space use and fees and additional Terms & Conditions. As a User of the EJC, you agree to use EJC’s online reservation system, Proximity, to reserve space and pay space use charges. The User must maintain an active account within Proximity, including a valid payment option, which will be used to charge any mutually-agreed upon fees for use or services. Once payment is processed, fees are non-refundable unless they were charged in error. All changes will be communicated by email. Communications As a User of the EJC you agree to receive electronic communications from us to the email on file including a monthly newsletter, health and safety advisories, offers or other related news and information that relates to the EJC space and community. Property The EJC is not responsible for any property you leave behind in any of our spaces. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. Facilities & Equipment User may utilize existing equipment located at the facility, including furniture, whiteboards and markers, hybrid equipment if pre-reserved, and kitchen equipment, as per the outlined processes and protocols. User agrees to follow EJC protocols in order to manage shared multi-use of equipment. While onsite, the User will be responsible for the general care and security of the facilities and equipment provided. The User may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our premises and property caused by you or your guests, invitees or children. While on the EJC premises, the User must adhere to all applicable EJC facility rules and policies. EJC retains absolute discretion to prohibit any activities on its property which it believes are inappropriate or not in alignment with EJC mission and values. Participation in or Use of Services and Premises. You acknowledge that you and your guests or invitees are participating in or using the EJC facilities at your sole risk. Pursuant to the terms of this User Agreement, you acknowledge that EJC does not have any liability with respect to your access, participation in, use of the EJC services or premises, or any damage, theft, or loss of property or information or any personal injury or death resulting from such participation or use. You further understand and will inform your guests and invitees that (i) they access or use the EJC services or premises at their sole risk and (ii) EJC does not have any liability with respect to your guests or invitees; access and use of the EJC services or premises, or any damage, theft, or loss of property or information or any personal injury or death resulting from their access and use of the EJC services or premises. User Status Termination: The EJC may, in its sole discretion and without obligation of any kind, immediately suspend or terminate your User privileges at any time upon your breach of this Agreement, upon termination of our rights in the office premises, upon your failure to comply with the terms of this Agreement or any other policies or instructions provided by us, upon our receipt of three or more complaints from EJC staff members or other EJC Users or if your Space Usage fees are not paid by the 5th day after they come due. If your User Status is terminated, you will remove all of your property from EJC. After providing you with reasonable notice, EJC will be entitled to keep or dispose of any property remaining in or on the office space after the termination of User Status without any obligation. Limitation of Liability We will provide notice to you (via posting a notice or sending you a notification) for any changes that would materially impact you. Your continuation as a User after such changes will be regarded as your acceptance of the amended User Agreement Terms and Conditions. No provision of this agreement shall be construed as creating a partnership, joint venture, or any other formal business association or authorizing one party to act as a legal representative of the other. Based on this agreement, neither of the parties has the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name of the other party. No provision of this agreement shall be construed as creating a lease, sublease, real estate license or landlord and tenant relationship between you and the EJC. Waiver and Release of Claims To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against us and our landlords at the EJC premises and our affiliates, board members, staff and Stakeholder Council and each of our and their employees, assignees, officers, agents and directors (collectively, the EJC Parties) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet and release the EJC Parties from any such Claims. We are not liable for the actions of other individuals. The User shall defend, indemnify, and hold harmless EJC, its officers, directors, employees, and agents harmless from and against any and all claims for injury or damages arising out of EJC's performance of this agreement, but only in proportion to and to the extent such liability, loss, attorney fees or claims for injury or damages are caused by or result from the negligence or intentional acts or omissions of the User, its officers, agents or employees. We do not control and are not responsible for the actions of other Users, Community Partners or other agents using the EJC services or premises. You should be aware that other users or partners may not be who they claim to be. We do not perform background checks on our users or partners nor do we guarantee that our users or User profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our Users or Partners. You are responsible for the actions of and all damages caused by all persons that you or your guests invite to enter any of the EJC premises. You shall not make any settlement that requires a material act or admission by any of the EJC Parties, imposes any obligation upon any of the EJC Parties or does not contain a full and unconditional release of the EJC Parties, without our written consent. None of the EJC Parties shall be liable for any settlement made without its prior written consent. Internet Policy; No Privacy Wireless access to the Internet is provided during your term of use. Service interruptions, if they occur, will be handled as promptly as possible. EJC is not responsible for any data, business or other losses as a result of such interruptions. You are responsible to protect your own computer and data from electrical surges, theft, virus, or other malicious attacks. You have no expectation of privacy or security, including without limitation with respect to EJC’s Internet connection, networks, telecommunications or information processing systems. Your activity, any files or messages on or using any systems may be monitored or inspected at any time without notice, including for security reasons and to ensure compliance with this User Agreement, regardless of whether such activity occurs on equipment owned by you or us. Entire Agreement This User Agreement, including the EJC User Handbook, the EJC website and Proximity website and app, Terms of Use and Privacy Policy incorporated into it constitute the entire agreement between the parties pertaining to the subject matter contained therein, and supersede all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter. Severability In the event that any provision or any portion of this User Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Membership Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. This User Agreement shall be binding on your heirs, legal representative, successors and assigns. All notices, requests, demands or other communications for which this User Agreement provide shall be in writing and shall be addressed at the following addresses or such other address as any party may designate in writing: Any notice provided for under this agreement shall be effective upon the earliest to occur of (a) three (3) days after it is sent via e-mail (to the address listed in the User’s Proximity account); or (b) when actually received by the party or an officer of the party to whom it is directed. This User Agreement will continue until either (i) you notify us of your desire to cancel your User Status (ii) our immediate termination of your User Status based on your violation of the terms of this Agreement as more fully described above or (iii) you delete your Proximity account.