Terms and conditions

General Terms and Conditions

Collaboration Adventures LLC ("The CoLab") 237 Taylor Street, 2nd Floor, Port Townsend, WA 98368

Space Usage License (includes Community Norms and Terms & Conditions of Use) Community Norms We're thrilled to welcome you to The CoLab! Everything we do is about building a sustainable, fulfilled community and you are part of that vision.

The simple fact that we're a community sets The CoLab apart from the average meeting and workplace. As such, we respect each other and we look out for each other. Just as importantly, we respect and take care of our spaces. Here's the big thing: as a member of The CoLab community, we (and our fellow community members) encourage and expect all of us to take pride and ownership in our community. Here's how:

The single biggest benefit of working at The CoLab is access to our fellow community members. We absolutely encourage The CoLab members to make connections, collaborate, share ideas, provide advice, and generally make cool stuff happen. We encourage The CoLab members to buy/sell goods and services from each other (except where prohibited under the Terms of Use or by law). But members may NOT spend their days directly soliciting other members. It’s just annoying and may prevent your ability to use the space in the future.

The CoLab is, first and foremost, a place to work. While we want our community to be open, fun, and collaborative, we also want it to be professional. Members are responsible for appropriately balancing the fun and the work.

Prior to the COVID-19 global pandemic, The CoLab in Port Townsend was “staffed” by fellow coworker/members acting as “Space Catalysts”. However, at the onset of COVID19, that shifted to what is currently a partially staffed model. However, we are here for you, even if we're not on-site. There are often long-standing members in the space who can help with membership questions, getting online, access to shared equipment, or just general questions about CoLab benefits and resources. And if we’re not there in person, please always feel free to email [email protected] or call us at (360) 385-9655.

Every person using The CoLab MUST be a paying customer. That means if you’re in the space you’re either a member, a Day Pass user, or have a meeting space reservation. Two Exceptions: 1) non-members can use The CoLab if they’re meeting with a CoLab member(s) for a business-related meeting. In other words, members’ clients or colleagues can come meet with a paying user. And 2) non-members can use CoLab meeting space when attending a meeting or event in a meeting space that has been reserved and paid for. Members are absolutely accountable for the conduct of their guests. And, anyone accessing the wifi must submit a signed copy of this Space Usage License.

The CoLab key codes are NOT transferable. Please do not give your key code to anyone else for any reason.

We expect members to keep the kitchen clean. Please do your dishes by either putting them in the dishwasher or hand-washing them. Please also do your guests' dishes. The space will run much more efficiently if we each take responsibility for cleaning up after ourselves.

The CoLab Kitchen provides a few basic kitchen items and stores these in the fridge. CoLab-shared items are marked with a blue sticky dot. Please help yourself to these items. Members are also welcome to store lunch / snacks in the Fridge and in the cabinets marked “The CoLab Pantry”. If you have items to share, please affix a star sticker to that item. Unstarred items are understood as personal property. Please note: the fridge gets fully emptied and sanitized every Friday. Any containers and long-term storage items will be removed and discarded.

Caffeine is the lifeblood of The CoLab. We provide coffee and tea on a self-serve basis, and are proud to work with local roasters using fair trade/organic products..

In general, leave it as you found it. To paraphrase Mother Theresa, “We don’t do the dishes because we love to do the dishes. We do it because we love the next person who will use the dishes”. Please apply this thinking to any workstation, meeting room, or area. In other words, be thoughtful and considerate:: wipe down the desk space and chair so they’re clean and crumb-free for the next member. Return the standing desk to its original height. Place the chair in its correct location. Return any books used as monitor stands to the bookshelf. Don’t rearrange the furniture. Return any dishes to the kitchen, clean them off, and put them in the dishwasher. In the bathroom, leave the toilet seat down, and clean up if you’ve made a mess.

Common areas are shared workspaces. Here’s how we can all happily and productively share these spaces:

  • The kitchen area is for more open, collaborative work; the task tables (with the yoga balls) are intended for quieter, more focused work.
  • Please make phone calls in one of our handy-dandy privacy booths. Speakerphones are not allowed at The CoLab, except when in a meeting room.
  • Please occupy only one spot at a time in the common areas. Taking up multiple spots limits the space available to your fellow members.
  • “The One Hour Rule”: Feel free to leave your stuff at a coworking desk, in the kitchen or in other common areas. But if you’ll be gone for longer than an hour, please pack up, clean up, and stow your stuff, so your spot is available to another member.
  • We do not allow dogs or other pets (except service animals) at The CoLab.
  • The CoLab is a smoke-free facility. Please smoke outside, at least 25 feet away from the building’s windows and doors.
  • The CoLab is a scent-sensitive facility. Please don’t wear excessive perfume or cologne or other scents that may irritate members with chemical sensitivities.
  • You don’t have to go home, but you can’t live here. The CoLab is a 24-hour facility. We expect members to be mindful of security at all times and always keep the exterior doors and elevator locked when not in use.

There are some especially important points in the Legal Section below (AKA, Terms and Conditions of Use) It’s the kind of stuff we probably shouldn’t have to say, but we still have to say it: First, PLEASE don’t do anything illegal in the space! That includes not downloading illegal material while you’re on our network. What you do in your own personal space is your business. If you do it here, it’s literally our business at stake.

Finally, our The CoLab team is here to support you. Got questions, ideas, or suggestions? Need help connecting, catalyzing, and creating? Just want to chat about your latest strategy to save the universe? Interacting with our members is the best part of our job, and it’s a huge membership benefit as well!

Meeting Rooms Meeting Rooms are a resource for members and for the community-at-large to book and use. Please check the bookings calendar on our website at www.colabnw.com or in our member dashboard to confirm availability before using the meeting spaces. Some membership levels include a set amount of free meeting room time each month and additional discounts. We also offer meeting room bundles for some of our rooms at a significantly discounted rate. Members who use the meeting rooms without booking in advance risk having their membership revoked. Once a meeting room has been reserved, the following cancellation policy applies:

  **Meeting Room Cancellation Policy**
  • If you need to cancel and you’ve given at least 7-days advanced notice, a full refund will be applied.
  • If you cancel less than 7 days in advance, but at least 24-hours prior to your reservation, your account will be credited for the full value of the reservation. Your credit can be used toward any CoLab service.
  • No refunds or credit will be applied if canceled the day of your reservation.

Health Safety Protocols Regardless of vaccination status or testing, DO NOT ENTER The CoLab if you are experiencing ANY of the following symptoms: Fever or chills; Congestion or runny nose; Cough; Sore throat; Nausea or vomiting; Headache; Shortness of breath or difficulty breathing; Fatigue; Muscle or body aches; New loss of taste or smell; diarrhea

For the health and safety of our members, when in doubt, please stay home. Entering the space with these symptoms, refusing to wear a mask, or not following the Handwashing and Workstation Cleaning Protocols will result in immediate suspension of all membership benefits.

You are welcome to pause your membership if you are not able to comply with our current Health Safety Protocols. We will gladly resume your membership and welcome you back when you are able to comply with The CoLab Space Usage License.

Handwashing and Workstation Cleaning Protocols: In order to keep yourself and your fellow CoLab members safer and healthier, we’re asking you to PLEASE WASH YOUR HANDS EACH TIME you enter the space from the outside AND to WIPE DOWN ALL WORKSTATIONS, HANDRESTS AND TABLES that you use with a sanitizing product BEFORE and AFTER each use.

Masks are optional. We ask our members to follow local laws regarding masking and all workplace safety protocols.

Terms and Conditions of Use

Acceptance of Terms The services provided by The CoLab are subject to the following Terms and Conditions (Space Usage License). The CoLab reserves the right to update the Space Usage License at any time without notice. The latest version of the Space Usage License is available at http://tinyurl.com/2xw5cpap.

Memberships, drop-ins and meeting room bookings at The CoLab do not create a tenancy but a prepaid usage license to use the provided amenities on the approved date(s).

Description of Services The CoLab may provide me with access to office space, workstations, Internet access, wireless network, office equipment, conference space, knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the Space Usage License.

I understand that: I am responsible for all guests I bring into the space under the policies outlined in this document and the corresponding Community Norms.

I must maintain both my area (if applicable) and the common areas shared by multiple members in a neat, clean and sanitary condition.

Any signs, symbols, or pictures that I wish to place in the windows or doors of the premises, or upon any interior part of the building shall be subject to the approval of The CoLab.

Neither this Terms and Conditions document, nor my Space Usage License agreement with The CoLab constitutes a lease, but is rather a license between The CoLab and myself as a Member or Bookings Contact for licensing of a given space and/or common area.

Neither Hero Powers, LLC (building owners in Port Townsend) nor Collaboration Adventures LLC, nor their respective agents shall be liable for, and Member or Bookings Contact agrees to defend and hold Hero Powers, LLC and Collaboration Adventures LLC and their respective agents harmless from, any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises by any person, firm or corporation. Member or Bookings Contact shall indemnify, defend and hold Hero Powers, LLC and Collaboration Adventures LLC harmless from and against all loss, cost and expense, including attorneys fees, arising from any act, omissions of negligence of Member or Bookings Contact or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors in or about the Property. The foregoing provisions shall not be construed to make Member or Bookings Contact responsible for loss, damage, liability or expense resulting from injuries to third parties caused solely by the gross negligence or intentional misconduct of Hero Powers, LLC nor Collaboration Adventures LLC or their officers, contractors, licensees, agents, employees of other tenants of the Property. Member or Bookings Contact specifically and expressly waives any immunity it may be granted under the Washington State Industrial Insurance Act, Title 51 RCW: Member’s and Bookings Contact’s indemnity obligations under this lease shall by be limited by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under the Worker Compensation Acts, Disability Benefit Acts or other employee benefit acts. This paragraph has been specifically negotiated and agreed upon by both parties.

No Unlawful or Prohibited Use I will not use The CoLab for any purpose that is unlawful or prohibited by these terms, conditions and notices. I may not use The CoLab in any manner that could damage, disable, overburden, or impair any of The CoLab’s equipment, or interfere with any other party’s use and enjoyment of any Services.

I may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks operated by The CoLab or its participants or members, or to any of the Services, through hacking, password mining or any other means. I may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should I post or download files that I know or should know are illegal or that I have no rights to.

I hereby represent and warrant that I have all requisite legal power and authority to enter into and abide by the terms and conditions of this Space Usage License and no further authorization or approval is necessary. I further represent and warrant that my 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 I am a party.

Use of Services I agree that when participating in or using the Services, I will not:

  • Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
  • Defame, abuse, harass, stalk, threaten or otherwise violate the human or 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 The CoLab servers, networks or equipment, including but not limited to pornography and hate propaganda;
  • View, 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 a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless I own or control the rights thereto or have received all necessary permission 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, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property belonging to The CoLab or any of its participants or members;
  • Download any file that I know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner;
  • Restrict or inhibit any other participant or member from using and enjoying the Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the policies included in the Community Norms and any additional guidelines expressed by the building owners);
  • 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 false identity for the purpose of misleading others;
  • Tamper with, borrow, or remove another member’s property, or any property belonging to The CoLab, without their express permission;
  • Maintain or store any inventory of goods or products upon the premises, without the express written consent of The CoLab, and without appropriate levels of renter’s insurance covering all liability against loss or damage to those goods or products;
  • Cause or permit any hazardous substance to be used, stored, generated, released or disposed of on or in the Premises. “Hazardous” shall be determined at the sole discretion of The CoLab.
  • Act in a manner that, at The CoLab’s sole discretion, does or is likely to adversely affect the peaceful operation and enjoyment of the premises of The CoLab, or the building, including without limitation creating any disturbance to occupants of The CoLab premises or the greater building or their employees, licensees, guests or contractors.

Invoicing and Payment I understand that ALL PAYMENTS ARE NON-REFUNDABLE. Membership payments are due on the start date of service. Invoices may include memberships, products and/or service charges (ie. storage, meeting room rentals) incurred during the usage period. To avoid service interruption and/or late payment fees, all invoices must be paid-in-full on or before the Due Date specified on the invoice. All payments must be made via our website.

Finance Charges and Late Payment Fee If Balance Due is not paid-in-full thirty (30) days after the Due Date specified on the invoice, a late payment fee will be added to the amount due every thirty (30) days that an unpaid balance remains. The late payment fee is the greater of $10 or two percent (2.0%) of the balance due.

Membership Renewals and Terminations Membership will automatically renew at the end of their term unless The CoLab is notified in writing (email qualifies as written notice) of the Member’s intent to delay or cancel their membership renewal as established in this Space Usage License.

Members may terminate their membership by giving a written notice of termination at least seven (7) days before the renewal date (email qualifies as written notice). Should a Member not provide timely notice of membership termination to The CoLab, then the membership shall continue until the next renewal date, and the service fees for that month shall be payable.

Space License Use Expiration All day passes must be used before they expire or be forfeited. Day passes may not be carried over to the following month. Members may request a one-time courtesy exception as space usage patterns are established.

Failure to Comply Once signed, this Space Usage License remains in effect for Services at The CoLab in perpetuity. The Space Usage License must be adhered to at all times. Failure to follow the Space Usage License can result in non-renewal or early termination of the usage license. The CoLab reserves the right to terminate any Service at any time, immediately and without notice, if the Member fails to comply with the Space Usage License. This includes non-payment or violation of the Community Norms. If this happens, The CoLab may refund any amounts paid for unused periods that remain after deducting any pending charges, on a prorata basis.

Disclosure of Information The CoLab reserves the right at all times to disclose any information about me or my participation in and use of the Services, as The CoLab 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, at The CoLab’s sole discretion.

Confidentiality I acknowledge and agree that during my participation in and use of the Services I may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by The CoLab or any participant, member or user of the Services or any employee, affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of The CoLab or its participants or members, any analyses, compilations, studies or other documents prepared by The CoLab or its participants or members or otherwise derived in any manner from the Confidential Information that I are obliged to keep confidential or know or have reason to know should be treated as confidential.

My participation in and/or use of the Services obligates me to: maintain all Confidential Information in strict confidence; not to disclose Confidential Information to any third parties.

All confidential information remains the sole and exclusive property of The CoLab or the respective disclosing party. I acknowledge and agree that nothing in this Space Usage License or my participation or use of the Services will be construed as granting any rights to me, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of The CoLab or any participant, member or user of the Services.

Disclaimer of Warranties To the maximum extent permitted by the applicable law, The CoLab 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: 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 me.

Exclusion of Incidental, Consequential and Certain Other Damages To the maximum extent permitted by the applicable law, in no event shall Collaboration Adventures LLC, The CoLab, 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 or illness, 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 The CoLab, and even if The CoLab has been advised of the possibility of such damages.

Limitation of Liability and Remedies Notwithstanding any damages that I might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of The CoLab 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 Space Usage License and my exclusive remedy for all of the foregoing shall be limited to actual damages incurred by me based on reasonable reliance up to $1,000.00. The foregoing limitations, exclusions and disclaimers, (including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Non-Disparagement I 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 CoLab, or any of The CoLab officers, directors, employees, personnel, agents, policies, services, products or members, other than to comply with law.

Indemnification I release, and hereby agree to indemnify, defend and save harmless The CoLab and The CoLab 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 my negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. I further agree that in the event that I bring a claim or lawsuit in violation of this agreement, I shall be liable for any attorney fees and costs incurred by The CoLab or its respective officers and agents in connection with the defense of such claim or lawsuit.

Severability In the event that any provision or portion of this Space Usage License is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Space Usage License shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Insurance The CoLab carries Liability and Business Personal Property insurance. As a member, I am not required but it is strongly suggested that I carry a Renters Insurance policy to cover my own equipment while using The CoLab space. That policy may cover my current residence/office, as well as the premises of The CoLab.

Using The CoLab Mailing Address If I choose to receive mail at The CoLab, I understand that The CoLab accepts no liability or responsibilities regarding my mail. I can pick up my mail from the unsecured Member Mail inbox located at 237 Taylor Street, 2nd Floor, Port Townsend, WA 98368. The CoLab does not forward mail. The CoLab will typically send me an email whenever I receive a piece of mail, and that mail will be held for me at the front desk in the unsecured Member Mail inbox. This is not a secure mail service. In other words, The Colab does not offer individual locked mailboxes and assumes no liability or responsibilities related to my mail. USPS delivers mail to The CoLab’s main mailbox inside the building and then brings mail up to the office on the 2nd Floor every weekday. On weekends, the mail will remain inside The CoLab’s main mailbox downstairs until a Catalyst picks it up on Monday morning. There are other tenants in the building so the building is open during the day for their use as well as for The CoLab’s 24-hour members, who also have access to the building 24 hours a day. I understand that if I need to change my address, it is The CoLab’s understanding that the US Post Office will not let me submit a mail forwarding request, because many other members will remain in the space without forwarding their mail. I understand that if I change my address and no longer choose to send my mail to The CoLab’s address, I will be responsible for contacting my clients and any other mail senders directly to notify them of the change. The CoLab accepts no liability or responsibilities regarding my mail.

Participation In or Use of Services I acknowledge that I am participating in or using the Services of my own free will and decision. I acknowledge that The CoLab does not have any liability with respect to my access, participation in, use of the Services, or any loss of information or revenue, actual or potential, resulting from such participation or use.

By agreeing to these terms, I represent that I have read the above Space Usage License in its entirety; that I have been given the opportunity to ask questions and/or have this document reviewed by legal counsel; and that I understand and agree to abide by the above Community Norms and Terms & Conditions of Use, which are expressly incorporated herein, and are made a part hereof, and shall be included within the definition of “Space Usage License”.

I affirm I have read and understand The CoLab usage rates listed on the website at http://www.colabnw.com. I understand that all fees are due on the date service begins.

I acknowledge that I am responsible for complying with any updates that The CoLab makes to this Space Usage License at any time. The latest version of the Space Usage License is available at http://www.ptcolab.com/license.

As with all of the provisions of this agreement, I explicitly agree to NOT download any illegal content and NOT do anything illegal in the space!

I have read and understand the Using The CoLab Mailing Address section above, and I agree to hold The CoLab harmless from any loss of or damage to mail delivered to me; and/or any damages to myself or my business as a result of any loss of or damage to mail delivered to me. I also agree not to use The CoLab mailing address for any illegal purposes.

I agree to follow all of the COVID-19 Safety Protocols listed above including not entering The CoLab when I am experiencing any of the listed symptoms, and following the Handwashing, Workstation Cleaning, and Masking Protocols.

I have read and agree to The CoLab Community Norms (above) which serve as the guidelines for being part of The CoLab community. Most importantly, I agree to take pride and ownership as a member of this community!

Your use of The CoLab space and resources is allowed after this signed form is on file and payment has been received.


Welcome to our website.

THE INFORMATION PROVIDED ON COLLABORATION ADVENTURES LLC'S (“THE COLAB”) WEBSITE AND HTTPS://COLABNW.COM WEB SITE (“SITE”) IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS OF USE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.

  1. USE OF SITE. The information provided on this Site is for general informational purposes. Your access to and use of the information contained in the Site is subject to this Terms of Use Agreement. By accessing and using this Site, you accept, without limitation or qualification, this Terms of Use Agreement.

  2. NO WARRANTIES; NO DUTY TO UPDATE. The contents of this Site are provided “AS IS.” THE COLAB makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Site and the content thereof is at your own risk. Neither THE COLAB nor any of its affiliates or third party providers shall have any responsibility to maintain the data and services made available on this Site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice. THE COLAB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY FOR THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO THEIR CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY. NEITHER THE COLAB NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT.

  3. No Liability for Content; No Liability Arising From Use. THE COLAB SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THIS SITE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN THE COLAB AND YOU, REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS PROVIDED BY THE COLAB, ITS AFFILIATES OR A THIRD PARTY SERVICE PROVIDER. THE COLAB AND ITS AFFILIATES SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA AND SERVICES AVAILABLE ON THIS SITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THIS SITE OR FOR ANY FAILURE OR DELAY IN THE EXECUTION OF ANY TRANSACTIONS THROUGH THIS SERVICE. IN NO EVENT WILL THE COLAB BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOU USING THE DATA OR SERVICES MADE AVAILABLE ON THIS SITE, EVEN IF THE COLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COLAB WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY THE COLAB OR THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES OR TO TAKE ANY ACTION IN CONNECTION THEREWITH.

  4. NO WARRANTIES MADE AS TO SECURITY. THE COLAB MAKES NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE SECURITY OF THE SITE, INCLUDING WITH RESPECT TO THE ABILITY OF UNAUTHORIZED PERSONS TO INTERCEPT OR ACCESS INFORMATION TRANSMITTED BY YOU THROUGH THIS SERVICE.

  5. SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS/DELAYS IN TRANSACTIONS. As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Site or communicating with THE COLAB through the Internet or other services. Any computer system or other electronic device, whether, it is yours, an Internet service provider’s or THE COLAB’s can experience unanticipated outages or slowdowns, or have capacity limitations.

  6. INDEMNIFICATION. You agree to indemnify, defend and hold harmless THE COLAB, its affiliates, and their respective officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

  7. PRIVACY. THE COLAB respects the privacy of its Site users. Please refer to our privacy policy that explains users’ rights and responsibilities with respect to information that is disclosed on this Site.

  8. THIRD PARTY WEB SITES AND LINKS. This Site may contain links or references to other web sites maintained by third parties over whom THE COLAB has no control. Such links are provided merely as a convenience. Similarly, this Site may be accessed from third party links over whom THE COLAB has no control. THE COLAB makes no warranties or representations of any kind as to the accuracy, currency or completeness of any information contained in such third party web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by THE COLAB.

  9. NON-CONFIDENTIAL INFORMATION. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on the Site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and THE COLAB shall have no obligation of any kind with respect to such information. THE COLAB shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever.

  10. TRADEMARKS. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of THE COLAB, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

  11. COPYRIGHTS. The entire contents of this Web site are subject to copyright protection. Copyright © 2011 COLAB NORTHWEST, INC. The contents of this Site may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of THE COLAB. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of THE COLAB, or any third party.

  12. VOID WHERE PROHIBITED. This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information pertaining to THE COLAB products is intended for use only by residents of the U.S. Other countries may have laws and regulatory requirements that differ from those in the U.S. THE COLAB reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services it provides. Any offer for any product or service made on this Site is void where prohibited.

  13. GOVERNING LAWS. This Terms of Use Agreement and your use of the Site shall be governed by the laws of the United States of America and the State of Washington without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Port Townsend, Washington.

  14. MISCELLANEOUS. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. THE COLAB reserves the right to alter, update or delete materials from this Site at any time at its sole discretion.