Terms & Conditions

The Link Membership General Terms and Conditions



  1. Applicability.  These membership general terms and conditions (these “Terms”) of the link Innovation & Activity Hub, together with the Cover Page attached hereto and any applicable Privacy Policy, Premise Rules, or Network Terms of Service, are the only terms which govern membership in the link (the “Membership”) and the services provided with respect to such Membership (including but not limited to use of co-working office space at 425 Town Plaza Ave, Ponte Vedra Beach, FL 32081).

  2. Acceptance of Terms.  Upon execution of the link Membership Agreement (the “Membership Agreement”), of which these Terms form a part, the Member identified on the Membership Agreement (the “Member” or “You”) accepts these Terms, as amended from time to time by the link, and agrees to their incorporation by reference into the Membership Agreement. The Membership Agreement, including these Terms, comprises the entire agreement between the parties, and it supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, between the Member and M2 32081, LLC, d/b/a, “the link” (the “Company” or “the link”).   The Company reserves the right to modify and/or update the Terms at any time without the Member’s consent; provided, however, the link shall notify the Member of such amendments as of or prior to their effectiveness.  Unless specifically agreed to by written agreement of the link, these shall Terms prevail over any other terms, conditions, understandings or statements by either party regarding the Membership in the link whatsoever.  Acceptance of payment does not constitute acceptance of any additional terms or conditions and does not serve to modify or amend these Terms or the Membership Agreement.  Members are hereby notified of Company’s express rejection of any terms inconsistent with these Terms or the Membership Agreement.

  3. Description of Services.  Subject to the terms of your Membership, the link will use commercially reasonable efforts to provide you with Services that you have ordered. The link may provide you with access to office space, workstations, internet access, office equipment, conference space, knowledge resources, and other services as the link may provide from time to time, as chosen in the Cover Page (collectively, “Services”). You may add additional services after execution of the Membership Agreement with the link’s consent.  The Services at all times are subject to the Terms.  Each Service may also be subject to a Service Addendum applicable to the particular Service.  To the extent there is a specific conflict between a term in a Service Addendum and a term of these Terms, then the term in the Service Addendum will control.  

  4. Term of the Membership.  Your Membership will last for as long as you have at least one active Service.  Each Service has an initial term, as set forth on the Cover Page.  Unless otherwise provided in the applicable Service Addendum, upon expiration of the initial term, the term will automatically renew for successive one-month terms, charged at the rate shown on the Cover Page, unless the Service is otherwise terminated as set forth herein.

  5. Invoices.  Invoices will be distributed via email and will include any monthly fees, as described in the Membership Agreement, which are billed in advance; and 2) usage charges for the previous month.  Any one-time expenses such as set-up fees, in app purchases, service retainers, late fees, or prorated monthly fees may be invoiced at any time.

  6. Payment.  Payment of monthly invoices is due on or before the fifth (5th) day of each month. All Members are required to utilize the auto-bill system.  Auto-bill payments are charged to the debit card, ACH, or credit card on the 5th day of the month.  Payments received after the 5th day of the month will be subject to a 5.0% late fee.  All set-up fees must be paid in full prior to the commencement of service. No cash payments will be accepted.  If Member has selected auto-bill, Member has authorized the Business Center to charge Member’s account for all current fees and all past due invoices, which may be charged as separate payments.  Check remittances will incur a $25 fee.  All membership dues and related fees are subject to tax.  

  7. Use of Services. You agree that when participating in or using the Services, you will not:

    1. Use the Services for any purpose that is unlawful or prohibited by these Terms;

    2. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise); 

    3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 

    4. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through the link Services; 

    5. 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; 

    6. 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; 

    7. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of, or otherwise damage, disable, overburden, or impair, another’s computer or property, including any computer equipment or networks owned or used by the link; 

    8. Gain or attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any the link server or to any of the Services, through hacking, password mining or any other means;

    9. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

    10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;

    11. Restrict, interfere, or inhibit any other user from using and enjoying the Services; 

    12. Violate any code of conduct of other guidelines which may be applicable for any particular Service;

    13. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; 

    14. Violate any applicable laws or regulations; or 

    15. Create a false identity for the purpose of misleading others.

  8. Guests.  Each guest must be pre-registered in the membership portal or other means with the link in advance as provided herein each time such guests are expected to access the link’s campus.   Guests are the Member’s responsibility and, as may be required by the link from time to time, each guest shall execute and deliver a waiver, in form satisfactory to the link, of liability releasing and agreeing to hold harmless both M2 32081, LLC and M1 32081, LLC from any liability, damages, injury, or risk associated with such guest’s access to the link premises.  Non-members are not permitted in the space after hours unless accompanied by a member.  Members who are expecting more than three (3) after-hours guests must first notify a staff member before 5pm on the day on which the guests are expected.  Guests attending the link must sign in on every occasion; guests attending more than twice in a month must be classified by the member as guest, clients, collaborator, vendor, acquire a day pass, or other.  The link reserves the right to require guests making frequent or regular use of the link to apply to become a member and to execute and deliver a Membership Agreement therefor. 

  9. Virtual Office Membership. Should you purchase a Service offering a virtual office (such as the Private Office membership tier), The link will act as an agent for you in receiving mail and reasonably sized packages when such are delivered to the link in connection with our service to you. To avail yourself of this benefit, you must complete and submit to the link a U.S. Postal Service Form 1583, which will then become incorporated into this Agreement upon verification by the link.  You authorize the link, its partners, agents, or assignees to sign for mail and packages deliverable only upon signature and agree to pick up mail and packages in a timely manner. 



If you select mail forwarding or mail scanning, the link will forward mail and deliveries to another address by re-packaging and posting the contents of your mail and deliveries by a time to be arranged between yourself and the link.  You agree to pay for administrative costs, supplies, and postage to accommodate physical mail forwarding. If you select the mail scanning option, you are responsible for providing the link with a secure way to digitally send your mail to you.  The link assumes no liability for any failure of the secure way provided by you, nor will the link be responsible for any delay or loss of mail during the forwarding process.  The link will accept mail in the name of the Member provided above ONLY and is not responsible for mail returned to the sender for any reason.  

You acknowledge that the U.S. Postal Service will not accept a "Change of Address" request for any of the link’s virtual office members.  Accordingly, upon the termination of your Membership, all mail or packages received at the link will be returned to the sender.  Continuing to use the link’s address as your business address following termination of your Membership for any reason will be subject to a daily $100 administrative fee and potential civil or criminal liability. 

If you use this Service, please list your business address as:

Your business name

425 Town Plaza Ave. Suite X

Ponte Vedra Beach, FL 32081

10. Membership Directory. Your name, industry, title, and URL may be published in our membership directory. All other information on record with the link will be kept confidential.

11. Meeting Room Cancellation Policy.  All meeting room reservations have a minimum 24-hour cancellation policy unless otherwise set forth in a reservation associated with the meeting room.  You may be required to pay the full charge of a meeting canceled with less than 24 hours’ notice.

 

12. Telephone and Internet Services.  The link will supply commercially reasonable internet access and telephone service, if applicable.  The link may suspend any of these services for failure to comply with any applicable usage policies.  The link makes no guarantee as to the availability, speed, or sufficiency of these services.  If telephone or internet services fail or are suspended for maintenance reasons, then you are not entitled to any damages from the link.  The link may allocate available bandwidth to ensure other members have reasonable levels of service.

 

13. Disclosure. The link reserves the right at all times to disclose any information about you, your participation in, and use of the Services as the link deems necessary to satisfy any applicable law, regulation, legal process or governmental request.  The link may also use such information in assessing whether to moderate, edit, or otherwise remove (in whole or in part) any materials, which may be done in the link’s sole discretion. Photography, video, and other marketing content may be captured in and distributed freely by the link and their representatives.

14. Confidentiality.  You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information, belonging either to the link, a member of the link, a guest of the link, or to a vendor of the link, and must treat that Confidential Information accordingly.  “Confidential Information” means all information that is disclosed by the link or any participant or user of the Services or any employee, affiliate, guest, or agent thereof that is nonpublic, confidential, or proprietary in nature.  This includes the nature of your relationship with the link, any discussions you have with the link, and your Membership Agreement. Confidential Information also includes, without limitation, information about the business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of The link, any analyses, compilations, studies or other documents prepared by The link or otherwise derived in any manner from the Confidential Information, and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.  You agree to:

Maintain all Confidential Information in strict confidence; 

Not disclose Confidential Information to any third parties; and 

Not use the Confidential Information in any way directly or indirectly detrimental to the link or any participant or user (or guest thereof) of the Services. 



All Confidential Information remains the sole and exclusive property of the link or the respective disclosing party. You acknowledge and agree that nothing in this Terms or your participation or use of the services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of the link or any participant or user of the Services.

15. Non-Disparagement. You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding the link, or any of the link’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

 

16. Your Representations and Warranties. 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 Terms 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.

 

17. Indemnification.  You release, and hereby agree to indemnify, defend and save harmless The link and The link’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 (including, without limitation, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and/or 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 the link or its respective officers and agents in connection with the defense of such claim or lawsuit.

 

18. Insurance.  The link carries Liability and Business Personal Property insurance covering its property and representatives; however, such insurance may not inure to the Member’s benefit and the link may, in its discretion, require the Member to obtain insurance as set forth in this paragraph 18.  If the link requires the Member to obtain insurance, the Member shall carry commercial general liability insurance adequate to protect the interest of the parties hereto, which shall name M1 31081, LLC, a Florida limited liability company, and M2 32081, LLC, a Florida limited liability company, as additional insureds under the policy; and shall be the primary liability insurance for all claims or liabilities arising from, or incidental to the Membership Agreement.  General liability risks and key exposures to be covered shall include, but not be limited to, any injury, loss, or damages arising in connection with the Member’s membership in the link and use of its premises.  The limits of each policy shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage and subject to a $2,000,000 annual aggregate.  Member shall cause its insurers to waive subrogation against the other parties’ respective carriers of commercial liability and auto liability.  If the Member uses the link’s available parking facilities, the Member shall also carry auto liability insurance with at least $1 million combined, single limit, and property insurance covering Member’s personal property located at the premises. Notwithstanding the foregoing, the Member acknowledges and agrees that the Member’s liability and indemnification obligations set forth in the foregoing paragraph 17 are in no way limited by the minimum insurance coverage requirements set forth in this paragraph 18.   

 

19. Termination. The link reserves the right to terminate any Service at any time. The link further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the Terms. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY THE LINK NOR THIS AGREEMENT SHALL IN ANY MANNER CONSTITUTE A LANDLORD/TENANT RELATIONSHIP, AND THE LINK MAY IMMEDIATELY TERMINATE THE SERVICES FOR ANY REASON AT ANY TIME. Upon termination, you agree to immediately remove any and all of your personal property from the Premises.  Unless otherwise set forth in any applicable Service Addendum, you may terminate any Service upon 30 days’ written notice to the link.

 

20. Your Assumption of Risk.  You understand and voluntarily accept any risks associated with the Services or any use of the facilities at the link.  Except as prohibited by law, you agree that the link, together with its affiliates, subsidiaries, successors, assignees, officers, directors, owners, employees, agents, and representatives (collectively, “Representatives”) will not be liable for any injury, including without limitation personal, bodily, or mental injury, economic loss, or any damage resulting from negligence, acts of God, acts of terrorism, epidemic, pandemic, and other acts of the link or its Representatives.  You expressly and specifically agree to waive and agree not to make any claim for, damages of any kind, including without limitation lost business, lost revenue, lost profits, or lost data, for any reason.  You further agree to waive and not make any claim for any error, omission, or interruption of any Service.

 

21. Facility and Equipment Use, Maintenance, and Repair.  

Facility Use.  The link grants its members a limited license for reasonable access to the link premises throughout the Term of the Membership Agreement in a manner consistent with Member’s membership tier with the link; provided, however, the link may limit such access in its sole and absolute discretion upon twelve (12) hours’ notice to Member.  Member shall comply with all applicable federal, state and local laws, ordinances, codes, rules, permits, licensing conditions and regulations, including any amendments thereto in its use of the premises. Member will not bring hazardous substances onto the premises. “Hazardous Substance” is defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, et seq., including any amendments thereto, as any substance, waste or other material considered hazardous, dangerous, or toxic under any of the requirements, petroleum and petroleum products, and natural gas. The link reserves the right at all times to control all space made available to Members within the link premises, and to enforce all applicable necessary laws, rules and regulations without obligation or assumption of any responsibility to do so.  Any unauthorized use by Member, including any violations of applicable rules and regulations established by the link and applicable law, shall be impermissible and shall constitute a material breach of the Membership Agreement to which these Terms relate.  

Facility Maintenance.  The link shall maintain the link premises and shall bear the costs thereof; provided, however, Member shall be responsible for the costs of repairing any damages to the link premises caused by Member or its representatives; provided, further, the link shall advance such costs on behalf of Member and invoice Member or otherwise offset such costs against any amounts due or payable to Member under the Membership Agreement to which these Terms relate. 

Equipment Use.  Any equipment supplied by the link to Member for its use within the link premises shall be returned to the link in the same condition as first delivered to Member, normal wear and tear excepted, upon the earlier of: (i) completion of the work for which the equipment was supplied; or (ii) termination of the Membership Agreement to which these Terms relate.  Member may not remove any equipment the link supplies to it from the link premises without the express written consent of the link; provided, in any event, Member shall provide the link with an itemized list of any such equipment removed from the link premises and, provided further, Member shall be solely and unconditionally responsible for any damage to or loss of any such equipment until it is returned to the link premises and signed in by a representative of the link.  Any repairs necessary to the equipment supplied to Member shall be Member’s sole responsibility; provided, however, the link shall advance such costs on behalf of Member and invoice Member or otherwise offset such costs against any amounts due or payable to Member under the Membership Agreement to which these Terms relate.  Member shall not make or authorize any repairs to be made to the equipment without the express written consent of the link.

 

22. Severability and Survival. In the event that any provision or portion of this Terms is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Terms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.  If your Membership is canceled or terminated for any reason, then Sections 9 and 12-22 will survive such cancellation or termination. 

 

23. Notice.  All demands, notices, approvals, consents, requests, returns or other communications delivered pursuant to the Membership Agreement to which these Terms relate shall be in writing and shall be deemed to be sufficient if (i) delivered personally, (ii) mailed by certified or registered mail, return receipt requested, postage prepaid, (iii) sent by e-mail or another electronic transmission device, or (iv) sent by a nationally-recognized, overnight courier, to the Member at the address provided to the link as set forth in the Membership (or at such other address for a Party as shall be specified by a written notice satisfying the terms and provisions contained in this Section 23).  Notices to the link shall be addressed as follows: 

M2 32081, LLC, d/b/a, “the link”

c/o: Raghavendra Misra, its Authorized Representative

425 Town Plaza Ave. 

Ponte Vedra Beach, FL 32081

raghu@thelink.zone 

All such demands, notices, approvals, consents, requests, returns and other communications shall be deemed to have been given and received (i) in the case of personal delivery, on the date of such delivery, (ii) in the case of delivery by certified or registered mail, on the third (3rd) business day following such mailing, (iii) in the case of delivery by e-mail or another electronic transmission device, on the date of such delivery if delivered on a business day, or if not delivered on a business day, then on the next business day after the day delivered, and (iv) in the case of delivery by a nationally-recognized, overnight courier guaranteeing next business day delivery, on the business day following dispatch.

 

24. Assignment.  You may not assign your Membership Agreement without the written consent of the link.

 

25. Waiver.  The link’s failure to immediately enforce any of its rights hereunder is not a waiver of its ability to seek enforcement of such rights.

26. Amendment.  The link may amend these Terms from time to time for any reason.  The link will endeavor to provide at least 30 days’ notice of such amendment unless circumstances prevent such notice.  You agree to abide by any such amendment.  If you do not accept the amendment, then your sole remedy is to terminate this Agreement in accordance with Section 17.

 

27. Governing Law.  Your Membership Agreement is governed by the laws of the State of Florida, without reference to conflicts-of-law principles.  You agree to submit to the jurisdiction of the State of Florida and to bring any claim arising from or relating to your Membership Agreement in the state or federal courts located in St. Johns County, Florida.

 

28.Nature of the Agreement.  This Membership Agreement is meant to operate as a revocable license.  You agree that this Membership Agreement creates no property interest or leasehold in the link and that your Membership Agreement is subordinate to the terms of the lease agreement between the link and its landlord.  The parties acknowledge and agree that nothing in these Terms or the Membership Agreement to which they apply, shall create or imply, or be construed to create or imply, any partnership, joint venture, or employer-employee relationship between the link and the Member.  Neither party may pledge the credit of the other or make any binding commitment on the part of the other.  The Membership Agreement is intended solely for the benefit of, and shall be enforceable by, the parties thereto, their respective permitted successors and assigns, and not by any third parties.