Terms of Service

Hello BIG Oakland Family, UPDATE -- In response to the latest Alameda County "Shelter-in-Place" order, BIG Oakland will be suspending its normal business hours effective immediately until April 7, which includes reception, drop-in coworking, conference room rentals, events, etc. Please review Section 10 of the order in regards to what is defined as “Essential Activities” and/or “Essential Businesses”. That being said, our permanent desk members will still have access to the space using the key fob entry system. Also, the US Postal Service will continue service. If no one is available at the time of delivery, the carrier will attempt to redelivery on the following day. For those who may not know, our building is owned by the City of Oakland. We will let you know if the current directive(s) should change to also include the closure of this building. Our entire team is committed to maintaining this amazing community you have built with us over the past two years. We appreciate emails and texts with words of encouragement. The support is very much appreciated. Thank you! As soon as it is safe to resume normal operations we will do so. Until then, stay safe and healthy. Please reach out if you have any questions, or if there's anything we can do to help support your businesses. Best, BIG Oakland Management Team

Legal Agreement: Terms of Service

Acceptance of Terms. The services BIG Oakland provides to you, the undersigned, (including but not limited to use of office space at 1423 Broadway Oakland CA 94612 access to Internet, etc.,) are subject to the following Terms of Use (“TOU”). BIG Oakland reserves the right to modify and/or update the TOU (as well as the Community Norms referenced in Section 3) at any time without notice to you. Description of Services. BIG Oakland may provide you with access to office space, work stations, internet access, office equipment, conference space, knowledge resources, and other services as BIG Oakland may offer from time to time pursuant to the Application and Membership Agreement (“Member Agreement”) to which this TOU is attached (collectively, “Services”). The Services at all times are subject to the Member Agreement, this TOU and the Community Norms referenced in Section 5. Payments and Membership Guidelines. The first payment covers the entire period of membership you selected and will be charged today at the time of registration (initial payment may be prorated based on the date that the membership is established. This payment is non-refundable unless your membership is declined (see below), in which case we will refund any unused portion of your payment. Recurring membership dues will be charged between the 1st and the 3rd of the relevant month, and no partial refunds will be issued if you choose to stop visiting BIG in the middle of the month. In the event that you wish to cancel your membership and you are a member at any level other than the Dedicated Desk level you must give 30 days notice in order to cancel or pause your membership. Notice is to be given in writing to info@bigoakland.space at least 30 days prior to your next billing date. If you are a member at the Dedicated Desk level you must give written notice of Cancellation of Membership at least 60 days prior to your next billing date to info@bigoakland.space. No verbal notices are accepted. All payments can be made online by credit/debit card, or ACH transfer. In the event that payment fails for any reason, you will be notified via email at the email address of record associated with your membership. You will then have an opportunity to make corrections to the payment method that has failed; however, if a valid payment is not presented within 72 hours of the failure to pay, your membership will be downgraded to community member (without privileges) and will need to be reestablished at your desired level in order to regain the privileges associated with your prefered membership type. If your company is interested in pursuing the Local Oakland Certification process, please request and execute Addendum A (Commercial Lease). You may obtain a copy of the Addendum to be sent to you by making a request in writing to info@bigoakland.space. BIG is a carefully curated group of collaborators. In order to foster the best mix of professionals, we need to approve all memberships. We also reserve the right to revoke any membership or decline to renew a membership. If we cancel your membership we will refund any unused portion of your membership fees. No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices, or that are prohibited by the “Community Norms,” attached to this TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any BIG Oakland server, or the network(s) connected to any BIG Oakland server, 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, computer systems or networks connected to any BIG Oakland 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. You hereby represent and warrant that you have all requisite legal power and authority to enter into the Member Agreement and abide by the terms and conditions of this TOU (and all Community Norms) 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. Use of services. You agree that when participating in or using the Services, you will not: Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited message (commercial or otherwise); Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through BIG Oakland servers or bandwidth; 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; 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; 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; Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; Restrict or inhibit any other user from using and enjoying the Services; Violate any code of conduct or other guidelines which may be applicable for any particular Service; Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; Violate any applicable laws or regulations; Create a false identity for the purpose of misleading others; Obstruct any entranceway, create any circumstances of disrepair or damage any BIG Oakland Property or Premises; Bring any pets onto the BIG Oakland Premises, unless you have a specific need for visual assistance or other support animal; Use cellular phones or other communication devices in a manner that will be disruptive to other members; or Otherwise violate the Member Agreement, this TOU or any of the Community Norms. Meeting Rooms. You will be entitled to use meeting rooms in our locations during regular business hours on regular business days, all subject to availability. Every meeting space must be reserved prior to its use. In the event that a meeting does not take place as scheduled and the meeting space becomes available, it may be occupied on a first come first served basis. Meeting rooms may be booked through our online portal where current hourly and daily meeting room fees will be posted. Meeting room fees may be subject to change from time to time. ***If your membership type allows 24/7 access, you may use available meeting rooms outside of business hours at no charge. Otherwise exceed the following usage limitations in relation to the shared conference space. All monthly allotments of conference space usage included with memberships, as well as purchases of additional usage, are subject to availability of the conference space. Unused time does not roll over or accrue from month to month. 19. Mail. Certain memberships allow you to receive mail and packages at BIG Oakland. We will accept mail and deliveries on your behalf during such location’s regular business hours on such location’s regular business days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages after your terminate your membership. Any such mail or packages that are not claimed within 30 days will be returned to sender. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. BIG Oakland Required Disclosures. BIG Oakland reserves the right at all times to disclose any information about you and/or your participation in and use of the Services as BIG Oakland deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BIG Oakland ’s sole discretion. Confidentiality. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by BIG Oakland or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, knowhow, 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 BIG Oakland , any analyses, compilations, studies or other documents prepared by BIG Oakland or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential. Your participation in and/or use of the Services obligates you to: Maintain all Confidential Information in strict confidence; Not to disclose Confidential Information to any third parties; Not to use Confidential Information in any way directly or indirectly detrimental to BIG Oakland or any participant or user of the Services. All Confidential Information remains the sole and exclusive property of BIG Oakland or the respective disclosing party. You acknowledge and agree that nothing in the Member Agreement, this TOU or Community Norms, 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 BIG Oakland or any participant or user of the Services. Participation In or Use of Services. You acknowledge that you are participating in or using the Services of your own free will and decision. You acknowledge that BIG Oakland 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. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG OAKLAND PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS 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 CONCERNING ANY USE OF THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES, REMAINS WITH YOU. Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIG OAKLAND 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 AND 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 BIG OAKLAND, AND EVEN IF BIG OAKLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF BIG OAKLAND 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 UNDER ANY PROVISION OF THIS TOU AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO TWO HUNDRED NINTY NINE DOLLARS (USD $299.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8 AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Termination. BIG Oakland reserves the right to terminate any Service at any time. BIG Oakland 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 TOU or Community Norms. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY BIG OAKLAND NOR THIS AGREEMENT SHALL IN ANY MANNER CONSTITUTE A LANDLORD/TENANT RELATIONSHIP, AND BIG OAKLAND 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. Indemnification. You release, and hereby agree to indemnify, defend and save harmless BIG Oakland and BIG Oakland ’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 BIG Oakland or its respective officers and agents in connection with the defense of such claim or lawsuit. Insurance. As required by the owner of building located at 1423 Broadway Oakland CA 94612 BIG Oakland carries Liability and Business Personal Property insurance. BIG Oakland members are not required but it is strongly suggested that they carry an insurance policy to cover their own equipment and personal property while using our space. That policy may cover your current residence/office, as well as the Premises of BIG Oakland . Additional General Terms. By signing this TOU, you furthermore agree to the following additional general terms and conditions of your membership: You shall not place anything, or allow anything to be placed, in the common areas, in any, or near the glass or any window, door, partition or wall which may in BIG Oakland 's judgment, appear unsightly from the common areas or from the outside of the building in which the Premises are situated ("Building"). The sidewalks, halls, passages, exits, entrances, and stairways shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises. The halls, passages, exits, entrances, stairways, etc., are not for the use of the general public and BIG Oakland shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of BIG Oakland , reasonably exercised, shall be prejudicial to the safety, character, reputation and interests of the Building. Neither you nor any of your employees or invitees shall go upon the roof of the Buildings. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purposes other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and to the extent caused by you or your employees or invitees, the expense of any breakage, stoppage or damage resulting from the violation of this norm shall be born by you. You shall not cause any unnecessary janitorial labor or services by reason of your carelessness or indifference in the preservation of good order and cleanliness. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for lodging (the use of a coffee maker and microwave are, however, permitted uses). You shall not bring upon, use or keep in the Premises or the Building, any kerosene, gasoline or flammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by BIG Oakland . BIG Oakland shall have sole power to direct electricians to where and how telephone and other wires are to be introduced. No boring or cutting of wires is to be allowed without the consent of BIG Oakland . The locations of telephones, call boxes and other office equipment affixed to the Premises are determined by BIG Oakland , in its sole discretion. Note: BIG Oakland is a WIRELESS Facility. No network or phone lines will be run for your space. Wireless adaption software / hardware is available for purchase either via third party vendors. Upon the termination of Services, you shall deliver to BIG Oakland all keys and passes for offices, rooms, and toilet rooms which shall have been furnished to you. In the event of the loss of any keys so furnished, you shall pay BIG Oakland therefore. You shall not make, or cause to be made, any such keys, you shall order all such keys solely from BIG Oakland and you shall pay BIG Oakland for any additional such keys over and above the set(s) of keys originally furnished by BIG Oakland . You shall not install linoleum, tile, carpet or other floor covering so that the same shall be affixed to the floor of the Premises in any manner except as approved by BIG Oakland . No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the stairways, except between such hours and in such stairways as shall be designated by BIG Oakland . When accessing the Building after hours, you shall cause all doors to the Premises to be closed and securely locked before leaving the Building. Without the prior written consent of BIG Oakland , you shall not use the name of the Building or any picture of the Building in connection with, or in promoting or advertising your business without written consent from BIG Oakland, except you may use the address of the Building as the address of your business. You shall cooperate fully with BIG Oakland to assure the most effective operation of the Premises' or the Building's heat and air conditioning, and shall refrain from attempting to adjust any controls. Except for BIG Oakland 's gross negligence, you assume full responsibility for protecting the Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured. Except with the prior written consent of BIG Oakland , you shall not sell or cause to be sold any items or services at retail in or from the Premises, nor shall you carry on or permit or allow any employee or person to carry on the business of machine copying, stenography, typewriting or similar business in or from the Premises for the service or accommodation of occupants of any other portion of the Building without written consent of BIG Oakland . You shall not conduct any auction nor permit any fire or bankruptcy sale to be held on the Premises, nor store goods, wares or merchandise on the Premises. You shall not allow any vending machines on the Premises without BIG Oakland 's prior consent. All freight must be moved into, within and out of the Building under the supervision of BIG Oakland and according to such regulations as may be promulgated by BIG Oakland . All moving of furniture or equipment into, within or out of the Building by you shall be done at such time and in such manner as directed by BIG Oakland or its agent. In no cases shall items of freight, furniture, fixtures or equipment be moved into or out of the Building or in any common area during such hours as are normally considered rush hours to an office building; i.e., 8:30-9:30 A.M., 11:00 A.M.-1:00 P.M. and 4:00-6:30 P.M. On Weekends, federally observed holidays and on other days during certain hours for which the Building may be closed after normal business hours, access to the Building or to halls, corridors, elevators, stairwells will be controlled by BIG Oakland through the use of a fob key system. This system will verify any and all persons seeking access to the Building through the use of proper identification to determine if they have rights of access to the Premises. BIG Oakland shall in no case be liable for damages wherein admission to the Building has not been granted during abnormal hours by reason of your failing to properly identify yourself through the use of a fob-key, or through the failure of the Building to be unlocked and open for access by you, your employees and general public. Nothing contained herein shall obligate BIG Oakland to provide such fob key system or to make BIG Oakland liable for any act or omission or failure of such system and the fob keys which may be provided. Force Majeure. In the event of a natural disaster, building emergency, power outage or any other circumstances occurring either inside or outside the building that may impact the use of the key fob for entry, all access will be suspended until such time that it is deemed safe to re-enter the building. That determination will be made by BIG Oakland in conjunction with third parties including but not limited to vendors and government entities involved. You shall not change locks or install other locks on doors without the prior written consent of BIG Oakland . You shall give prompt notice to BIG Oakland of any accidents to or defects in plumbing, electrical fixtures or heating apparatus reasonably known to you so the same may be attended to properly. BIG Oakland shall have the power to prescribe the weight and position of safes or other objects which shall, if considered necessary by BIG Oakland , be required to be supported by such additional materials placed on the floor as BIG Oakland may direct, and at your expense. In no event can these items exceed a weight for which the floor is designed. Internet Policy: Wireless access to The Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. BIG Oakland 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 attack. Unless otherwise set forth by BIG Oakland in writing, you are receiving a single user account solely for your use of the Services through one unit per login session. You agree not to resell any aspect of the Service, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches this TOU and may constitute fraud or theft, for which BIG Oakland reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. BIG Oakland may change your address, log-in name or password at any time. BIG Oakland will assign you an IP address each time you access the Service, and it will vary. You may not assign your login name, password or IP address to any other person. You agree not to use the Service, any BIG Oakland or related network or website for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to: violating any applicable law or regulation; Posting or transmitting content you do not have the right to post or transmit; Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful or otherwise objectionable as determined in our sole discretion; Attempting to intercept, collect or store data about third parties without their knowledge or consent; Deleting, tampering with or revising any material posted by any other person or entity; Accessing, tampering with or using non-public areas of the Service or any BIG Oakland or related website, computer systems or network; Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; Attempting to access or search the Service or any BIG Oakland or related network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by BIG Oakland or other generally available third party web browser; Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail"; Using the Service or any BIG Oakland or related website or network to send altered, deceptive or false source-identifying information; Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any BIG Oakland or related website or network; Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any BIG Oakland or related website or network, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any BIG Oakland or related website or network; or Impersonating or misrepresenting your affiliation with any person or entity. If BIG Oakland suspects violations of any of the above, BIG Oakland will investigate and may institute legal action, immediately deactivate Service to any account without prior notice to you, and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with BIG Oakland in investigating suspected violations. You shall not install, maintain or otherwise locate at BIG Oakland any computer server of any kind, whether hardware or software without written permission from BIG Oakland . Miscellaneous. Entire Agreement. This TOU, the Member Agreement, and Community Norms 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 portion of this TOU, the Member Agreement or Community Norms is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU, the Member Agreement and Community Norms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. Waivers. No waiver shall be binding on BIG Oakland unless executed in writing by an authorized representative of BIG Oakland . Successors and Assigns. This TOU, the Member Agreement and Community Norms shall be binding on your heirs, legal representative, successors and assigns. No Assignment. In no event may you assign in whole or in part your membership or use of the Services, without the advance written consent of BIG Oakland . Notice. All notices, requests, demands or other communications for which this TOU, the Member Agreement or Community Norms provides shall be in writing and shall be addressed at the following addresses: If to BIG Oakland : BIG Oakland , 1423 Broadway Oakland CA 94612 Attn: Kyle Rawlins, Managing Partner If to you: At the address set forth on page 1 of the Membership Agreement , or such other address as any party may designate in writing. All notices under this TOU, the Member Agreement and Community Norms shall be effective: (a) forty-eight (48) hours after deposit in the U.S. Mail, postage prepaid, registered or certified mail, return receipt requested; (b) Upon delivery, if delivered in person to the address set forth above; or (c) upon delivery, if sent by commercial express service, such as Federal Express, except that notices of change of address shall be effective upon receipt. Attorney's Fees. If BIG Oakland shall bring any action for any relief against you arising out of this TOU, the Member Agreement or Community Norms, the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Governing Law. The rights and obligations of hereunder shall be governed by, and this TOU, the Member Agreement and Community Norms shall be construed and enforced in accordance with, the laws of the State of California. Venue for the resolution of any dispute arising out of this TOU, the Member Agreement or Community Norms shall be Alameda County, California. Modification. BIG Oakland may in its sole discretion, upon written notice, change the Terms of Use and Community Norms. I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU (including the attached Community Norms) and further agree to be bound to the TOU and Community Norms regarding my participation in and use of the Services.

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Legal Agreement: Terms of Service