EVENTS & CATERING PORTAL TERMS OF USE

Your access to, and use of, the Portal is subject to the following terms of use (“Terms of Use”) and all applicable laws and regulations. By placing and order or requesting a reservation through the Portal, or otherwise accessing and using the Portal, you accept, without limitation or qualification, these Terms of Use. You may be accessing the Portal from a computer, mobile device (through an iPhone application, for example) or otherwise, and, regardless of the means of access, these Terms of Use govern your access, use and conduct in connection with the Portal. Hyperspace may, at any time and without notice, modify these Terms of Use by revising them on the Portal. All orders placed and reservation requests booked or submitted after the date of any such modifications shall be controlled by the modified version of the Terms of Use, and your continued use of the Portal constitutes your acceptance of such modified version. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by Hyperspace.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit this website immediately and cease use of any services or features on this website.

The Portal may, from time to time offer interactive features that allow users to interact and submit content to the Portal (“Interactive Services”). You are solely responsible for all content, information and materials that you upload, post, email or otherwise transmit via or to the Portal, through our Interactive Services or otherwise, including without limitation the submission of product ratings and reviews profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other data, materials or information (collectively, “Content”). Hyperspace does not and cannot review all Content and cannot guarantee the accuracy, integrity or quality of such Content.

You acknowledge that by providing the ability to view and distribute your Content on the Portal, Hyperspace is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Hyperspace reserves the right to block or remove Content that it determines to be unacceptable to Hyperspace in its sole discretion. Under no circumstances will Hyperspace be liable in any way for any Content, including, but not limited to, (i) any errors or omissions in any Content, or (ii) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Portals or through the Interactive Services.

You may not upload to, distribute, or otherwise publish through the Portal any Content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Harassment in any manner or form on the Portal, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hyperspace employee, forum leader, guide, host, or representative, as well as other members or visitors on the Portal, and falsely stating or otherwise misrepresenting your affiliation with a person or entity, are strictly prohibited. Further, you may not use the Portal or Interactive Services to collect or store personal data about other users.

If your Content includes ideas, suggestions, documents or proposals to Hyperspace, then you agree that: (a) such Content is not confidential or proprietary and Hyperspace has no obligation of confidentiality, express or implied, with respect thereto; (b) we may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Hyperspace under any circumstances unless you are otherwise specifically notified by Hyperspace in writing.

You hereby grant Hyperspace a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute all Content you submit and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Portal.

Hyperspace does not endorse any Third Party Content or the content, or any products or services available, on any Third Party Sites. Nonetheless, Hyperspace seeks to protect the integrity of the Portal and the links placed upon it and therefore requests any feedback on not only its own Site, but for websites it links to as well (including if a specific link does not work).

You may visit the Portal without registering, but in order to enjoy all content and benefits of the Portal, you must register with Hyperspace through the account registration process made available on the Portal. To register your account, you must provide a valid email address and create a password. You are solely responsible for the security of your passwords and will be solely liable for any use or unauthorized purchases or other use of the Portal through your account. You must also provide and keep your account up-to-date with accurate and complete account information, including name, address, credit card number and expiration dates.

As an accountholder, you agree to receive emails, newsletters and other communications from Hyperspace and, subject to the Privacy Policy, third parties, including communications promoting any special offer(s), including third party offers.

If you have any questions regarding your account, please contact us as described in the “Contact Us” section below.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Hyperspace.

Product and service descriptions, prices and availability are subject to change without notice. Further, Hyperspace reserves the right to limit quantities of products and services purchased through the Portal and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products and services described on the Portal will be available. Further, Hyperspace reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products and services to be provided to you that may result in a violation of these Terms of Use, as determined in our sole discretion.

You agree that by placing an Order on the Portal, you are submitting an irrevocable offer to Hyperspace and are agreeing to be legally bound to such Order and you agree to pay all charges that may be incurred by you or on your behalf through the Portal, at the price(s) in effect when such charges are incurred including, without limitation, all processing and service fees and gratuities. In addition, you remain responsible for any taxes that may be applicable to your Orders. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

You are aware that the Portal will submit online queries to our order management personnel and/or system and that information provided to you in reply is valid only at the actual time the query is submitted. Consequently, the information may change in the meantime between the query and confirmation of the Order. Your Order is not finalized and accepted by Hyperspace until you have received a confirmation from us by email indicating that your Order has been accepted by Hyperspace; in the event that pricing or availability of products or services has changed prior to confirmation, Hyperspace will notify you and obtain your consent prior to confirmation of such Order. Hyperspace shall charge the Payment Method for the deposit and/or payment amount indicated at the time placing the Order (or such other amount as indicated by Hyperspace and accepted by Customer prior to confirmation) at the time of Order confirmation. Except as otherwise expressly set forth herein, all amounts paid are non-cancellable and non-refundable for any reason. In the event that the entire amount of your Order is not paid in advance at the time of confirmation as indicated at the time of placing your Order, you hereby authorize Hyperspace to charge your Payment Method for the balance of such Order amount upon the time indicated at the time of placing your Order or, if non such time is indicated, 0 days prior to the date of your event or other delivery of your Order, as applicable (the “Final Balance Due Date”).

All descriptions, images, references, features, content, dimensions, specifications, locations, capabilities, amenities, varieties, and prices of products, services, and venues described or depicted on the Portal are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Portal does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, and use of any product or service purchased from the Portal. By placing an Order, you represent that you will conduct and/or utilize the products and services and any corresponding events only in a lawful manner. Hyperspace reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all Order(s); and (d) refuse to provide any user with any product or service.

In the event that your Order includes an Event, including conference, party or other event rentals of our facilities, venues or any portion thereof (such Hyperspace facilities or venues, the “Facilities”), you hereby expressly agree to the following terms and conditions relating to such Event:

A. Authorized Use
The rental time begins and ends as indicated in the Order confirmation, and may only be extended only with Hyperspace’s express prior written approval. Events that extend past the agreed time will be billed accordingly for the additional time in the Facilities and any additional products and services provided in connection therewith.

The Facilities shall be used by you and your invitees, guests, contractors, vendors, agents or other individuals under your management, supervision, or invitation (collectively, “Invitees”) for the sole purpose of conducting the Event and for hosting the Event, and for no other purpose whatsoever, and in such a manner so as to not materially interfere with the use of Hyperspace’s common areas and other facilities or portion thereof by tenants, contractors and invitees. The Event shall be in full compliance with all laws, statutes, ordinances, codes and regulations pertaining thereto and the policies of insurance maintained by Hyperspace and/or the property owner for the Facilities (if not Hyperspace).

You shall conduct no illegal act at the Facilities. You shall not perform any act or carry on any practice which may injure the Facilities or the Hyperspace’s other facilities. Additionally, you shall not perform any act or carry on any practice which may cause offensive odors or loud noise or constitute a nuisance or menace to any other occupant of Hyperspace’s facilities. If the Event creates a disturbance due to high noise volume, Hyperspace’s onsite manager has full authority to ask you and/or any live music or entertainment presenter to turn the noise down and/or off. If repeated disturbances are created, at Hyperspace’s discretion, you may be expelled from the property or the offending noise will be ended. If there are disturbances to the point of expulsion, no portion of the Event costs will be refunded to you. No animals of any kind shall be brought into the Facilities, other than as provided by law with respect to service animals. Animals may not be kept inside a vehicle in the parking area.

Any alcoholic beverages at the Event shall be served by licensed and insured individuals designated by Hyperspace, and shall not be dispensed on a “self-service” basis. Additionally, Hyperspace reserves the right, in its exclusive discretion, to expel anyone who in its judgment is intoxicated or under the influence of alcohol or drugs, or who shall in any manner do or participate in any act jeopardizing the rights, use permit, or insurability of Hyperspace or the Facilities or the safety of any staff, guests or contents.

B. No Outside Food or Beverages; Additional Orders
No food or beverages are permitted to be brought into the Facilities by you or your Invitees without Hyperspace’s express prior written consent. All such items may be subject to a food and beverage service charge. In the event that Hyperspace, at the request of you or your Invitees, furnishes any food, beverages, or any other products or services not provided for in your Order, you agree to pay the amount of such products and/or services to Hyperspace at our then-current rates.

C. Condition of the Facilities
You shall inspect inspected the Facilities prior to the Event and accept the Facilities in their then-current “as-is” condition without any work or improvement required to be performed.

You shall not make any improvements to, or install any fixtures at, the Facilities or display or erect any signs, lettering or advertising at the Facilities without Hyperspace’s prior written approval, which may be granted or withheld in Hyperspace’s sole and absolute discretion. Further, only staff of Hyperspace may rearrange and move any furnishings, including, but not limited to, artwork, lamps, or seating. No nails, screws, tape, staples or penetrating items are to be used on our walls or floors without prior permission by a representative of Hyperspace.

The Facilities will be in clean condition prior to the Event. You are required to return the Facilities to the same condition in which they were delivered with all personal property of you or your Invitees removed. You shall pay in advance for estimated clean-up costs of the Facilities, in the amounts set forth at the time of placing the Order (if any), and if the actual clean-up is consistent with the estimated costs, you will not be charged for any additional clean-up costs. In the event that the actual costs to clean the Facilities are in excess of such estimated costs, you shall reimburse Hyperspace for such costs within ten (10) days after receipt of an invoice for such additional costs. All damages, repair and replacement costs resulting from any misuse of the Facilities, including without limitation any plumbing or fixtures therein, during the Event shall be borne by you.

You agree that Hyperspace’s staff may enter and exit the property during the course of the Event. Hyperspace is not responsible for checking in or handling any items brought into the venue by you or Invitees. All excess material created by deliveries must be removed and disposed of by rental company or you. Limited storage may be available upon request and approval by Hyperspace. It is you responsibility to ensure that pickups are scheduled and executed in a timely manner.

Hyperspace assumes no responsibility for damages or loss of any merchandise or articles brought into the Facilities or the surrounding areas by the you or your Invitees. You are solely responsible for all damage to any areas of the Facilities by Invitees. You expressly agree to reimburse and hold harmless Hyperspace for the fair value of any damages or losses caused to the Facilities or to the third persons or their property by you or any Invitees.

D. ADA Compliance
Each party to these Terms of Use shall be responsible for compliance with their respective obligations under the public accommodation requirements of the Americans with Disabilities Act (“ADA”) as defined by law. Hyperspace shall provide, to the extent required by the ADA, such auxiliary aids and/or services as may be reasonably requested by you, provided that you provide reasonable advance written notice to Hyperspace of such needs. You shall be responsible for the cost of any auxiliary aids and services (including engagement of and payment of specialized service providers, such as sign language interpreters), other than those types and quantities typically maintained by Hyperspace.

E. Cancellation Policy
Cancellation requests must be submitted to Hyperspace in writing via email to info@hyperspacelosaltos.com. The following cancellation policy will apply: [Deposit is refundable if cancellation is made at least 60 days prior to the Event date. Seventy-Five percent (75%) of the total deposit will be retained by Hyperspace, using the credit card provided at the time of Order if the termination is made between 30-59 days prior to Event. Fifty percent (50%) of the deposit will be retained by Hyperspace, using the credit card provided at the time of Order if the termination is made between 8- 29 days prior to the Event. No refunds will be granted to cancellations received seven (7) days or less from the Event. For avoidance of doubt, if it is a multi-day Event then the date of the Event shall be deemed to be the first day of the Event for purposes of determining the applicable cancellation policy. In addition to and without limitation of Hyperspace’s other rights and remedies under these Terms of Use and at law, Hyperspace shall have the right to cancel any Event Order immediately upon written notice to you, which may be given by e-mail, without penalty or liability in the event that (a) if due to any cause or event described in the “Force Majeure” section below the Facilities or any portion thereof is not available or not safe to use, or (b) if Hyperspace does not receive final payment in full by the Final Balance Due Date or if you otherwise materially fail to perform any other obligation set forth herein.

F. Disclaimer and Release.
To the maximum extent allowed by applicable law, Hyperspace expressly disclaims any and all responsibility and/or liability for the physical safety of your property, and for that of your owners, members, managers, officers, attendees, employees, agents, vendors, contractors and other Invitees and any and all of their respective successors and assigns (collectively, the “Releasing Parties”). You, on behalf of yourself and all Releasing Parties, hereby expressly waive any claim, action, cause of action or any other right which may accrue or arise as a result of any damage or injury to the person or property of any of the Releasing Parties, except to the extent due to the gross negligence or willful misconduct of Hyperspace or its members, managers, employees, agents or contractors. Further, in addition to the indemnification set forth elsewhere in these Terms or Use, the Releasing Parties shall indemnify, defend and hold harmless Hyperspace and its respective owners, members, managers, officers, agents, employees, contractors, consultants and their respective successors and assigns (collectively, the “Released Parties”) from any and all costs, damages, judgments, expenses, claims and causes of action (including reasonable attorneys’ fees) which may accrue or arise as a result of any personal injury, property damage or death arising out of or in connection with the Event, except to the extent caused by the gross negligence or willful misconduct of the Released Parties. You agree that, as between you and Hyperspace, it is your sole and absolute responsibility to advise your employees, agents, contractors and Invitees as to necessary and appropriate safety precautions.

A. Expected Conduct
Attendees shall:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL AND ALL ORDERS, CONTENT, INTERACTIVE SERVICES, PRODUCTS, SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE PORTAL OR A THIRD PARTY SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE PORTAL AND ALL ORDERS, CONTENT, INTERACTIVE SERVICES, PRODUCTS, SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE PORTAL OR A THIRD PARTY SITE RESIDES WITH YOU. HYPERSPACE EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON- INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY. HYPERSPACE HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PORTAL.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HYPERSPACE MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE PORTAL WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE PORTAL WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE PORTAL, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR PLACING ORDERS, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE PORTAL WILL BE SECURE; (V) THE USE OF THE PORTAL WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE PORTAL WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE OR ELECTRONIC FILES.

ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE PORTAL IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.

THE PORTAL IS OFFERED IN JURISDICTIONS WHERE IT MAY BE LEGALLY OFFERED. THE PORTAL AND THE CONTENT OFFERED THROUGH IT IS NOT OFFERED TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER.

YOUR USE OF THE PORTAL AND ITS CONTENT, THIRD PARTY SITES, THIRD PARTY CONTENT AND YOUR PURCHASE OF ANY PRODUCTS OR SERVICES FROM HYPERSPACE, IS AT YOUR OWN RISK. NEITHER HYPERSPACE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PORTAL, ITS CONTENT OR SUCH PRODUCTS AND SERVICES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PORTAL, CONTENT, PRODUCTS OR SERVICES, THIRD PARTY SITES OR THIRD PARTY CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT HYPERSPACE HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE PORTAL AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HYPERSPACE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE AND CONTINUE TO APPLY IN THE CASE OF THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THESE TERMS OF USE. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

The Hyperspace Los Altos trademark(s) and the other trademarks, slogans and designs on the Portal (the “Marks”) are our property. The Marks may not be used by you without our consent.

Hyperspace does not authorize the downloading or exportation of any software or technical data from the Portal to any jurisdiction prohibited by the United States Export Control Laws.

These Terms of Use and your use of the Portal are governed by the laws of the State of North Carolina, without regard to its choice of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Portal and/or any Order shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in the City of Charlotte and Mecklenburg County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND HYPERSPACE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PORTAL AND ITS CONTENT, AND YOUR PURCHASE OF ANY PRODUCTS OR SERVICES FROM HYPERSPACE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Most customer service issues can be resolved quickly and easily by calling or emailing our customer service teams. UNDER THESE TERMS OF USE, YOU AGREE TO THE MANDATORY ARBITRATION OF DISPUTES REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS PROVISION REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HYPERSPACE. Any controversy, dispute, or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules. In the event that our customer service team is not able to resolve your issue, but before you file a claim with the AAA, you must submit a Notice of Intent to File a Claim to the following address:

Los Altos Arcade LLC
Attn: Robert Hindman
127 First Street

Once received, you agree to provide us with sixty (60) days to attempt to resolve your issue, subject to a good faith effort on both our part and yours to reach such a resolution. If, after 60 days no such resolution has been reached, you may file an individual claim for arbitration with the American Arbitration Association. At no time may your claim for arbitration be filed as part of a class or representing the interests or claims of more than one individual.

For claims for arbitration for amounts less than $10,000, you may request that the Arbitration be performed subject to the AAA Documents-Only Procedure described in R-29 of the AAA Consumer Rules. Any Arbitration conducted in person shall be conducted in Charlotte, North Carolina before an arbitrator who is an attorney licensed in North Carolina. If the parties cannot agree upon an arbitrator, the AAA shall appoint the arbitrator according to AAA’s selection procedures. Judgment upon any award of the arbitrator may be entered in any court having jurisdiction thereof (such judgment to include an award of reasonable attorneys’ fees and expenses, including the expense of arbitration, to the prevailing party). Notwithstanding the foregoing, any party to these Terms of Use may seek any appropriate equitable relief, including injunction, to which it may be entitled.

Hyperspace reserves the right, but not obligation, and at its sole determination to consolidate claims for arbitration where: