General Terms and Conditions

_Last Updated: January 31, 2020 _ The Riveter Membership Terms & Conditions + Community Expectations **THE RIVETER, INC. MEMBERSHIP TERMS AND CONDITIONS ** By becoming a member of The Riveter (“The Riveter,” “we,” “us,” or “our”) through www.theriveter.co or an agent of The Riveter, you (“Member,” “you,” or “your”) agree to be bound by and accept the following membership terms and conditions, including the Community Expectations (the “Membership Terms”) as well as The Riveter website Terms and Conditions and Privacy Policy, which are both incorporated herein by reference. These Membership Terms are subject to change in The Riveter’s sole discretion. We will provide notice to you (via posting a notice or sending you a notification) for any changes that would materially impact you. Your continuation as a member after such changes will be regarded as your acceptance of the amended Membership Terms. You may terminate your membership pursuant to Section 7 below if you do not agree to the amended Membership Terms. Your membership is expressly conditioned on your agreement to these Membership Terms.

**1. Description of Services. ** The Riveter will provide Member with certain services described below, as The Riveter may provide from time to time (collectively, the “Services”), all located at 1517 12th Ave Suite 101, Seattle, Washington (“Capitol Hill”), 1300 N Northlake Way Suite 200, Seattle, Washington (“Fremont”), 4505 Glencoe Avenue, Marina Del Rey, California 90292 (“Marina Del Rey”), 1150 114th Ave SE, Bellevue, Washington 98004 (“Bellevue”), and 1145 W. 5th St. Austin, Texas (“Austin”) 3333 Welborn St. Dallas, Texas 75219 (“Dallas”) 4388 France Ave. S. Edina Minneapolis (“Edina”) 2734 Walnut St. Denver, Colorado 80205 (Denver”) 501 SE 14th Ave, Portland, Oregon 97214 (Portland”) (collectively, the “Premises”). Member agrees to use the Services and the Premises subject to the Membership Terms. The Services may include:

a. Access to office space and workstations and standard furnishings.

b. Access to and use of the shared Internet.

c. Use of printers, copiers, scanners, and other publicly available office equipment.

d. Access to on-demand technical and support services during Business Hours (as defined in s below).

e. Wellness amenities, including access to on-site showers and locker rooms.

f. Access to member-only events and promotions and access to general and member-only content on The Riveter website and mobile app.

g. Conference Rooms and Workspaces. You may use credits for workspaces or conference rooms or other Services in certain of our Premises during such Premises’ Business Hours, all subject availability of such workspaces or conference rooms. Use of our workspaces and conference rooms in excess of any credits will be subject to the standard fees in such Services. Such fees are subject to change from time to time.

h. Mail - Subject to availability and applicable fees, you may elect to receive mail and packages at one of our Premises. If you have done so, we will accept mail and deliveries on your behalf during such Premises’ Business Hours. 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 membership is terminated by you or The Riveter. 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. As such, we have no obligation to accept bulk or oversized mail or packages. We are not liable for any mail or packages received without a signature confirmation by The Riveter employees, and you agree that you shall not use this service for fraudulent or unlawful purposes or otherwise in violation of the Membership Terms.

i. Other services as The Riveter may offer from time to time.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER YOUR MEMBERSHIP, THE SERVICES PROVIDED BY THE RIVETER, YOUR USE OF THE PREMISES NOR THESE MEMBERSHIP TERMS SHALL IN ANY MANNER CONSTITUTE OR CREATE A LEASE, SUBLEASE, REAL ESTATE LICENSE, OR LANDLORD AND TENANT RELATIONSHIP BETWEEN YOU AND THE RIVETER.

**2. Membership Types; Payment ** We are currently offering the following membership types: Riveter Ally, Riveter Flex, Riveter Resident (including Dedicated Desk and Private Office), Riveter Free, and Corporate memberships. Please see here for more details.

A non-refundable administration fee in the amount of USD $50.00 is due and payable to The Riveter for River Flex members and Riveter Resident - Dedicated Desk members upon their signing or otherwise agreeing to these Membership Terms. There is no administration fee for Riveter Ally members. The administration fee for Riveter Resident - Private Office members is based on the size of the office and the number of people using the space.

If you have selected the dedicated desk membership plan or the private office membership plan, a deposit in the amount of one full month’s membership fee is also due and payable to The Riveter upon your signing or otherwise agreeing to these Membership Terms.

All or a portion of the deposit may be retained by The Riveter if (i) your membership fee is overdue for thirty (30) or more days; (ii) you terminate or downgrade your membership without providing the required notice as set forth in Section 7(b) below; (iii) you or your guests have caused any damages to The Riveter Premises or properties therein; or (iv) you violate any of the Membership Terms.

Your monthly membership fee (as specified in your registration and account) is billed, due, and payable on the first day of each calendar month. If your membership begins on any day other than the first day of the month, The Riveter will prorate that month’s payment amount accordingly.

The Riveter may change any fees we charge at any time by posting the changes on our website. We will take reasonable steps to notify you about changes that materially impact you. Any changes that do not materially impact you will be effective immediately upon posting.

You must have a valid payment method on file with us and pay all fees and applicable taxes by each payment due date. If we are unable to charge your payment method or if your account is otherwise past due, we reserve the right to charge your other payment method(s) on file with us (if any), suspend or terminate your account, charge a late fee, or take other steps to rectify the situation. We also reserve the right to restrict your access to our Premises and/or Services if your account is past due for five (5) or more days.

**3. Proration of Membership Fees. ** The Riveter’s membership fee proration policy for each membership type is different and set forth as follows: (a) membership fees for Riveter Ally memberships are NOT prorated; and (b) membership fees for Riveter Resident and Riveter Flex memberships are prorated if the membership starts on or after the 5th of the month (no membership fee proration if the membership begins before the 5th of the month).

**4. Hourly Coworking Drop-In Rate. ** Under the terms of the Membership Terms, members who use the hourly drop-in coworking space will pay The Riveter for a minimum of one hour of “use” based on the agreed rate at the time of use. Following the initial hour, billing accrues in 15-minute increments. Once the next increment of a time period begins, the member is responsible for payment of that full-time period. Access and departure of “use” are activated by a scan. Hourly access is only valid during Business Hours (as defined below). The amount due is determined after the departure scan and payment is collected within 24 hours of Services from the debit or credit card on file. Failure to pay will result in suspension of the member account and access.

**5. Business Hours; Off-Hours Access. ** a. The Riveter’s operating hours are generally from 8:00 am to 5:00 pm Pacific Time, Monday to Friday, except for local bank or government holidays (“Business Hours”). Please note that Business Hours end at 3:00pm Pacific Time on days prior to local bank/government holidays. The Riveter also reserves the right to (i) cancel Business Hours up to three other days per year and (ii) close any of the Premises in the event of inclement weather or other unforeseen circumstances beyond The Riveter’s control. We will use commercially reasonable efforts to inform you should any of the above event occurs.

b. Depending on your level of membership, your membership may include access to the Premises outside of Business Hours, controlled by The Riveter through the use of an electronic card key system. The Riveter shall not be liable for damages in the event that you are unable to access the Premises at any time, for any reason.

c. Non-members and guests are not permitted on the Premises outside of Business Hours without advance registration and notification to The Riveter staff. If you bring non-members or guests on the Premises during non-Business Hours, you will be automatically subject to the then-current event fees. Event fees can be shared with you upon request to hello@theriveter.co.

**6. Security. ** You may be required to present a valid, government-issued photo identification in order to gain access to our Premises. For security purposes, we may regularly record via video certain areas of our Premises. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your guests about this policy and ensure their compliance with this policy.

**7. Term; Termination. ** a. Term. Unless you and The Riveter have agreed to a different term, your membership is month-to-month and shall continue until terminated in accordance with these Membership Terms.

Upon request by The Riveter or termination, you agree to immediately remove any and all of your personal property from the Premises. The Riveter reserves the right to dispose of, sell, use or keep any personal property that you leave at the Premises after such request or termination of your membership.

b. Termination by Member. If you have a month-to-month membership, you may terminate your membership by providing written notice to The Riveter at goodbye@theriveter.co on or before the 1st of the calendar month preceding the month you wish to terminate your membership. The Riveter will process termination requests on the 1st of each calendar month, and any termination pursuant to this section shall be effective on the first calendar day of the following calendar month. For example, if you wish to terminate your membership on February 1st, you will need to provide written notice to The Riveter on or before January 1st. If you provide notice after January 1st, then your termination requests will be processed on February 1st and your membership will terminate on March 1st. The Riveter will not prorate or refund any amounts paid prior to termination.

All membership downgrade requests are considered termination requests for your existing memberships and are subject to the same notice requirements as set forth above.

If you signed up for a membership using a promotional code or if you otherwise agreed to a non-month-to-month membership, you are bound to the length of the term you agreed to. Should you cancel your membership prior to the end of the agreed-upon term, you will still be financially responsible for the length of the agreed-upon term at the full amount.

Upon termination of your membership pursuant to this Section 7(b), we will offer you an opportunity to stay with us by becoming a Riveter Free member and convert your membership type to Riveter Free unless and until you notify us that you do not wish to continue to be a member to The Riveter.

c. Termination by The Riveter. We may suspend provision of the Services, your access or use of the Premises, or terminate your membership, for any reason or no reason, at any time, including, without limitation: (i) upon your breach of any of the Membership Terms; (ii) if your membership fee is not paid by the 5th of each calendar month or if any other fees remain outstanding after we provide notice to you; (iii) upon your failure to comply with any of the Membership Terms (including the Community Expectations) or with any other policies or instructions provided by us; (iv) upon our receipt of three or more complaints from The Riveter staff members or other members; or (iv) upon termination, expiration or any material loss of our rights to the Premises.

**8. No Unlawful or Prohibited Use. ** You shall not use the Services or the Premises for any purpose that is unlawful or prohibited by these Membership Terms or any other notice or communication from The Riveter. As a condition of your membership, you will not:

a. Use the Services or Premises in connection with surveys, contests, pyramid schemes, chain letters, junk email, phishing, spamming, or any duplicative or unsolicited messages (commercial or otherwise);

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

c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

d. Upload, or otherwise make available, files that contain images, photographs, software or other materials protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws, or laws protecting rights of privacy or publicity, unless you own or control the rights thereto or have received all necessary consent to do the same;

e. Use any material or information, including images or photographs, in any manner that infringes any copyright, trademark, patent, trade secret, or any other proprietary right of any party;

f. Upload files that contain viruses, Trojan Horses, worms, time bombs, corrupted files, or any other similar software or programs or use the Services or Premises in any manner that may damage, disable, overburden or impair the operation of the servers and computer systems of The Riveter and others;

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

h. Restrict, inhibit, or interfere with any other person from using and enjoying the Services or Premises;

i. Violate any code of conduct or other guidelines which may be applicable for any particular Service(s) or Premise(s);

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

k. Attempt to gain unauthorized access to any Services, or accounts, computer systems or networks through hacking, password mining, or any other means;

l. Create a false identity or misrepresent oneself to others, either in person or online;

m. Obstruct any entranceway, create any circumstances of disrepair or damage any third-party property or the Premises;

n. Bring any pets onto the Premises, unless you have a specific need for visual assistance or other medical assistance;

o. Use cellular phones or other communication devices in a manner that is disruptive to others;

p. Perform any activity that is reasonably likely to be disruptive, dangerous, or generally regarded as offensive to others;

q. Violate any applicable laws or regulations;

r. Install any networking or communication equipment without pre-authorization from The Riveter, who reserves the right to decline the installation of any equipment for any reason; or

s. Otherwise violate the Membership Terms (including any of the Community Expectations).

**9. Member Representations and Warranties. ** You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the Membership Terms (including all Community Expectations) and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services or Premises 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.

**10. Disclosures. ** The Riveter reserves the right at all times to disclose any information about you and/or your participation in and use of the Services or Premises as The Riveter deems necessary to satisfy any applicable contract, law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in The Riveter’s sole discretion.

**11. Name and Likeness License. ** Generally, The Riveter sites are open, shared spaces, at which group or public events are sometimes hosted. Whether to document or promote events, or simply to promote The Riveter, there may be photography and video or audio recording onsite. Accordingly, you grant permission to The Riveter and its authorized representatives to record using photography, video, and/or audio recording, your image, likeness, voice, and identity, and to use those recordings and your name and likeness (including any business signage, marks or logos) on The Riveter’s website, mobile app, press releases, publications, promotional materials, or otherwise for the promotion of The Riveter. You agree that such uses by The Riveter shall be without fees, royalties, credit, or other payment or compensation of any kind.

**12. Confidentiality. ** a. You acknowledge and agree that during your participation in and use of the Services and the Premises you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by The Riveter or any participant or user of the Services or Premises, 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, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of The Riveter, any analyses, compilations, studies or other documents prepared by The Riveter 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.

b. Your participation in and/or use of the Services and Premises obligates you to:

i. maintain all Confidential Information in strict confidence; ii. not to disclose Confidential Information to any third parties; and iii. not to use Confidential Information in any way directly or indirectly detrimental to The Riveter or any participant or user of the Services or Premises.

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

**13. Participation in or Use of Services and Premises. ** You acknowledge that you are participating in or using the Services and Premises of your own free will and decision and at your sole risk. Pursuant to these Membership Terms, you acknowledge that The Riveter does not have any liability with respect to your access, participation in, use of the Services or Premises, or any damage, theft, or loss of property or information or any personal injury or death resulting from such participation or use. You further understand and will inform your guests that (i) they access or use the Services and Premises at their sole risk and (ii) The Riveter does not have any liability with respect to your guests’ access and use of the Services or Premises, or any damage, theft, or loss of property or information or any personal injury or death resulting from their access and use of the Services or Premises.

**14. Disclaimer of Warranties. ** THE RIVETER PROVIDES THE SERVICES AND PREMISES EACH "AS IS" AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RIVETER HEREBY DISCLAIMS WITH RESPECT TO THE SERVICES AND THE PREMISES 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, SATISFACTORY QUALITY, 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 ARISING OUT OF OR IN CONNECTION WITH YOUR AND YOUR GUESTS’ PARTICIPATION IN, OR THE USE OF, THE SERVICES AND PREMISES, REMAINS SOLELY WITH YOU AND YOUR GUESTS.

**15. Exclusion of Damages. ** TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIVETER OR ITS AFFILIATES, DIVISIONS, THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS (“THE RIVETER PARTIES”), 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, INJURY TO PERSON OR PROPERTY, 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 YOUR OR YOUR GUESTS’ PARTICIPATION IN OR USE OF, OR INABILITY TO PARTICIPATE IN OR USE OF, THE SERVICES OR PREMISES, THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICES OR ACCESS TO THE PREMISES BY US, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THE MEMBERSHIP TERMS OR YOUR MEMBERSHIP, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY), AND EVEN IF THE RIVETER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

**16. Limitation of Liability and Remedies. ** NOTWITHSTANDING ANY DAMAGES THAT YOU OR YOUR GUESTSMIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE AGGREGATE LIABILITY OF THE RIVETER PARTIES, UNDER ANY PROVISION OF THESE MEMBERSHIP TERMS, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU OR YOUR GUESTS BASED ON REASONABLE RELIANCE UP TO ONE HUNDRED DOLLARS (USD $100.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 14 AND 15 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

**17. Non-Disparagement. ** You shall, during and after your membership, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding The Riveter, or any of The Riveter’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with the law.

**18. Indemnification. ** You hereby agree to indemnify, defend and hold harmless The Riveter Parties, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses (including, without limitation, reasonable attorneys’ fees), judgments, fines and penalties based upon or arising out of your or your guests’ violation of the Membership Terms, negligent actions, errors and omissions, willful misconduct and/or fraud in connection with your or your guests’ participation in or use of the Services or Premises. You further agree that in the event that you or any of your guests bring a claim or lawsuit, you shall be liable for any attorneys’ fees and costs incurred by each of The Riveter Parties in connection with the defense of such claim or lawsuit.

**19. Insurance. ** Members are not required to carry insurance. However, Member is strongly encouraged to carry sufficient insurance to cover its equipment and personal property while using the Services and Premises.

**20. Additional General Terms. ** By accepting the Membership Terms, you furthermore agree to the following additional general terms and conditions of your membership:

a. 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 The Riveter’s judgment, appear unsightly from the common areas or from the outside of the building in which any of the Premises is situated (each, a “Building”).

b. The sidewalks, halls, passages, exits, entrances, elevators 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, elevators, stairways, balconies, fire escapes, and roof are not for the use of the general public and The Riveter shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of The Riveter, reasonably exercised, shall be prejudicial to the safety, character, reputation, and interests of the Building. Neither you nor any of your employees or guests shall go upon the roof of the Building.

c. The toilet rooms, urinals, wash bowls, showers, 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. To the extent caused by you or your employees or guests, you shall bear the expense of repairing or replacing any breakage, stoppage or damage resulting from the violation of these Membership Terms.

d. You shall preserve the good order and cleanliness of the Premises and shall bear the expense of any special or extra janitorial labor or services necessitated by reason of your or your guests’ breach of these Membership Terms.

e. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for lodging (the use of a coffee maker, microwave, or electric tea kettle are, however, permitted uses).

f. You shall not bring upon, use or keep in the Premises or the Building, any flammable, combustible, or hazardous fluid or material, or use any method of heating or air conditioning other than as may be supplied by The Riveter.

g. The Riveter 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 prior written consent of The Riveter. The locations of telephones, call boxes and other office equipment affixed to the Premises are determined by The Riveter, in its sole discretion.

h. Upon the termination of the Services, you shall deliver to The Riveter all keys and passes for offices, rooms, and toilet rooms which shall have been furnished to you. If your keys are not returned within 5 days upon termination, The Riveter will charge your card on file $25 or the then current rate set by The Riveter for each key that is not returned. In the event of the loss of any keys so furnished, you shall pay The Riveter therefore at the then current rate set by The Riveter. You shall not make, or cause to be made, any such keys, you shall order all such keys solely from The Riveter and you shall pay The Riveter for any additional such keys over and above the set(s) of keys originally furnished by The Riveter.

i. You shall not install any covering, make any alterations or affix anything to the walls, ceiling or floor of the Premises in any manner except as approved in writing by The Riveter. Any alterations approved by The Riveter must be removed and returned to original condition upon termination of the Services.

j. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevator or stair-ways, except between such hours and in such elevator and stair-ways as shall be designated by The Riveter.

k. You shall cause all doors to the Premises to be closed and securely locked before leaving the Building.

l. Without the prior written consent of The Riveter, you shall not use the name of the Building or any picture of the Building or the Premises, or The Riveter’s name or logo, in connection with, or in promoting or advertising your business, except you may use the address of the Building as the address of your business.

m. You shall cooperate fully with The Riveter 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.

n. Except for The Riveter’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.

o. You shall not advertise, 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 without the prior written consent of The Riveter.

p. 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 The Riveter’s prior written consent.

q. You shall not change locks or install other locks on doors without the prior written consent of The Riveter.

r. You shall give prompt notice to The Riveter 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.

s. You shall comply with any of The Riveter policies and any specific Building or business park requirements.

t. Any member that does not check in using the wifi system will be automatically checked in by a member of The Riveter staff.

u. The Riveter will not be liable for any damage or theft caused to any motor vehicle, or contents thereof, while parked in a Riveter lot.

v. Parking availability varies at each Premise. At Premises where parking is available, parking fees may apply and are subject to change in The Riveter’s sole discretion.

w. The Riveter reserves the right to tow any vehicle in violation.

x. 24-hour access is included in the price of a Riveter Flex monthly membership in Bellevue; members with Bellevue as their home base must separately purchase 24-hour access for any of the other Premises.

y. 24-hour access is for business use only. No overnight residency nor making any portion of the Premise a personal living space is allowed.

z. The Riveter reserves the right to rearrange the furniture, fixtures, desks (including dedicated desks), or floor plans of the Premises at any time.

**21. Internet Policy; No Privacy. ** a. Wireless access to the Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. The Riveter is not responsible for any data, business or other losses as a result of such interruptions. You are responsible to protect your own computer and data from electrical surges, theft, virus, or other malicious attacks.

b. Unless otherwise set forth by The Riveter 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 Services, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Services simultaneously through multiple units or to authorize any other individual or entity to use the Services. You agree that sharing the Services with another party breaches the Membership Terms and may constitute fraud or theft, for which The Riveter reserves all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, login name, or password that you use on our network. The Riveter may change your address, login name or password at any time. The Riveter will assign you an IP address each time you access the Services, and it will vary. You may not assign or share your login name, password or IP address to or with any other person.

c. You have no expectation of privacy or security, including without limitation with respect to The Riveter’s Internet connection, networks, telecommunications or information processing systems, offices, lockers or other storage areas. The Riveter reserves the reasonable right to (i) inspect your activity, belongings, any files or messages on or using any systems; and (ii) enter any locked offices, lockers or storage areas.

d. You agree not to use the Services, our network or any related network, website and mobile app for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, members, facilities, or to any person. If The Riveter suspects violations of any of the above, we will investigate and may institute legal action, immediately deactivate the Services 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 us in investigating suspected violations.

**22. Miscellaneous. ** a. Entire Agreement. The Membership Plan as specified in your member account, the Membership Terms (including the Community Expectations), and The Riveter website Terms and Conditions and Privacy Policy 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.

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

c. Waivers. No waiver shall be binding on The Riveter unless executed in writing by an authorized representative of The Riveter. These Membership Terms may NOT be altered, supplemented, or amended by your use of the Services and Premises, or any course of dealing.

d. Successors and Assigns. These Membership Terms shall be binding on your heirs, legal representative, successors and assigns.

e. No Assignment. In no event may you assign in whole or in part these Membership Terms, your membership or use of the Services or Premises, without the advance written consent of The Riveter.

f. Notice. All notices, requests, demands or other communications for which these Membership Terms provide shall be in writing and shall be addressed at the following addresses or such other address as any party may designate in writing:

If to The Riveter: The Riveter Inc 1517 12th Ave Suite 101 Seattle, WA 98122 ATTN: Amy Nelson, CEO

If to you: At the address set forth on your monthly invoice.

All notices under these Membership Terms 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.

g. Attorneys’ Fees. If The Riveter shall bring any action for any relief against you arising out of these Membership Terms, 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 herein, 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.

h. Governing Law. The rights and obligations of the parties hereunder shall be governed by, and these Membership Terms shall be construed and enforced in accordance with, the laws of the State of Washington, without regard to its conflict of laws principles. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington, and agree that any suit, action or proceeding arising out of these Membership Terms shall be filed only in such courts. In addition, we each waive any right to a jury trial.

**THE RIVETER Community Expectations ** **1. The Riveter and you. ** a. The single biggest benefit of The Riveter membership is access to your fellow members. We absolutely encourage The Riveter members to make connections, collaborate on projects, share ideas, provide advice, and generally make cool stuff happen. Except where prohibited under the Membership Terms, we encourage The Riveter members to buy/sell goods and services from each other in a location or forum designated by The Riveter or to present their goods and services to others when invited to do so a The Riveter event. But members may NOT spend their days directly soliciting other members. It’s just annoying and will probably result in cancellation of your membership.

b. We expect members to keep the kitchen area clean. Please wash, dry, and put your dishes away. Please do your guests’ dishes.

c. Please label and date the food you put in the refrigerator. The friendly The Riveter staff reserves the right to throw anything in the refrigerator away, including breakthrough science experiments.

**2. The Riveter and your guests ** a. Every person using The Riveter Premises and Services must be a paid member, a guest of a paid member, or a non-member who has purchased a day pass. All guests are subject to the Membership Terms, including, without limitation, the guidelines in this paragraph. Non-members can use The Riveter during Business Hours (as defined in the Membership Terms) (a) two times a month, and up to two hours each time, in our common areas, (b) for the duration of a conference room/meeting room reservation made by a guest, if the guest is meeting The Riveter member for a business-related meeting, or (c) if the non-members have purchased a day pass or hourly access. If a non-member or guest would like to use the common areas for more than the time allotted in this section, The Riveter is delighted to assist in the purchase of the best membership plan, day pass, or hourly access. Should a guest or guests remain on the Premises for a period longer than the time allotted in this section, The Riveter reserves the right in its sole discretion to assess a day pass or hourly access fee to such guest(s) or the member hosting the guest(s).

b. Members are responsible for ensuring their guests’ compliance with the Membership Terms and are fully responsible for the conduct of their guests.

c. In order for us to maintain a safe and secure environment, we track who is coming into our spaces each day. All guests who aren’t members will be asked to sign in at the front desk upon arrival and provide contact information (including an email address).

**d. The Riveter members must be present while their guests are onsite. For security reasons, we don’t allow guests to enter our space without approval from a member and acknowledgment that they’ll be onsite while the guest is there. ** e. As stated in the Membership Terms, non-members and guests are not permitted on the Premises outside of Business Hours without advance registration and notification to The Riveter staff. If you bring non-members or guests on the Premises during non-Business Hours, you will be automatically subject to then-current hourly event fees.

f. The Riveter security passes are NOT transferable. You are not authorized to “give” or “loan” your digital security pass to anyone else for any reason. The Riveter may cancel your membership if we discover that you have violated this rule, and we may also charge your account with then-current event fees and/or day pass fees.

**3. Usage of The Riveter’s Space ** a. Access to conference rooms is one of the great benefits of The Riveter membership. Here’s some stuff regarding conference rooms:

(i) If you want to use a conference room, you must reserve it. Please, no conference room usage without reservations. Should you use a conference room without reservation, The Riveter reserves the right to assess a charge to your account equal to the duration of your conference room use.

(ii) Conference rooms are for meetings with customers, teammates, and clients ONLY during Business Hours (unless you have added 24/7 access to your membership). If you want to hold an event at The Riveter, please talk to the friendly The Riveter staff to point you in the right direction for discussing scheduling, guest policy, insurance requirements, and fees.

(iii) Conference rooms may only be booked during Business Hours unless you have 24/7 access. All bookings can be managed within your account in Nexudus.

(iv) You may not resell or donate your conference room time to non-members or to outside groups.

(v) Please clean up after using a conference room. If you rearrange the furniture in the conference room, we expect that you will return it to the original set-up when you’re finished. Please erase the white/orange boards, too!

(vi) The kitchens and other common areas are shared workspaces. Here’s how we can all happily and productively share these spaces together: ▪ Please make phone calls in the phone booths. Speaker phones are never allowed in The Riveter common areas. ▪ Please occupy only one spot at a time in the common area. Taking up multiple spots limits the space available to your fellow members.

(vii) The Riveter is a 24/7 business facility for members. You don’t have to go home, but you can’t live here. We expect members to be mindful of security at all times.

(viii) Finally, we have a great staff at The Riveter, if we don’t say so ourselves. Our job is to manage this fantastically innovative community. Got questions, ideas, or suggestions? Or just want to chat about your latest scheme to save the universe? Interacting with our members is the best part of our job.

I agree with these Community Expectations. Most importantly, I agree to take pride and ownership in The Riveter Community!

Accept & Continue