Terms and Conditions 

As we can accept your order and make a legally enforceable agreement without further reference to you, please read these Terms carefully, as they affect your legal rights. 

Among other things, these Terms include your agreement that except for certain types of disputes described in the "Governing Law; Arbitration and Class Action Waiver" section below, you agree that disputes between you and us will be resolved by binding, individual arbitration, and you waive your right to participate in a class-action lawsuit or class-wide arbitration. 

If you have any questions about these Terms, please contact support@funthriving.freshdesk.com. By using the Services, you agree to abide by and be bound by these Terms. 

Application 

1. These Terms and Conditions will apply to the purchase of Virtual Office Subscription by you (the "Customer" or "you"). We are Prospreneurs Workplace LLC, whose registered office is at 320 SE 9th St, Fort Lauderdale, FL 33316-1128, United States; (the "Company" or "us" or" we"). 

2. These are the terms on which we sell Virtual Office Subscription to you. You agree to be bound by these Terms and Conditions by ordering a subscription. 

Interpretation 

3. Contract means the legally-binding agreement between you and us for the supply of the Subscriptions; 

4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored; 

5. Subscription means the Virtual Office Subscription advertised on the Website that we supply to you of the number and description as set out in the order; 

6. Order means the Customer's order for the Subscriptions from the Company as submitted following the step by step process set out on the Website;

7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website; 

Background 

8. We are a collaborative Business Center where Freelancers, Startups, and small businesses connect to achieve their goals. Who we are for the purposes of these Terms is "FunThriving". Affiliate set forth on your invoice and will depend on (i) where the Services are deemed to be rendered or (ii) where your primary Premises (if applicable) is located. We reserve the right to change the legal entity that charges you for the Services. 

● The relevant entity with which you enter into these Terms shall be known in these Terms as "we," "our", "us" or "FunThriving". 

9. References to "you," "your", and similar words in these Terms refer to the individual or entity registering for any Services and agreeing to be bound by these Terms. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have all necessary right, authority, and consent to bind such entity to these Terms. Also, by agreeing to these Terms, you confirm that you are using the Services for business purposes and not as a consumer. 

Services 

10. To avoid doubt, references to "Services" in these Terms refer to your access to and use of our Web App and certain other related services and features we provide. The exact Services you receive will depend on (a) the product or services you have purchased; (b) the Services available, and (c) additional features and services selected by you, which may be subject to additional guidelines, terms, conditions, and/or rules ("Additional Terms"), including additional payment obligations. 

"Services" do not include, and we are not involved in or liable for, the provision of products or services by third parties ("Third Party Services") that you may elect to purchase in connection with your subscription, such as bookkeeping or payroll services. Third-Party Services are provided solely by the applicable third party ("Third Party Service Providers") and under separate arrangements between you and the applicable Third Party Service Providers. These Third-Party Service Providers' terms and conditions will control the relevant Third Party Services.

11. Some features of the Services may be subject to Additional Terms, which will be posted with those features or otherwise communicated to you. We will consider your use of those features your acceptance of the applicable Additional Terms, and those Additional Terms will be incorporated in these Terms by this reference. 

12. To use the Services, you’ll have to use FunThriving's Web App at app.funthriving.net. To use FunThriving's Web App, you’ll have to agree to the Privacy Policy at https://bit.ly/2S5gjNt. 

13. How we may change our Services or these Terms. The availability and scope of the Services and the availability and scope of benefits we offer concerning Third-Party Services are subject to change from time to time at our sole discretion. Without limiting the generality of the preceding, you acknowledge that our Premises, and the Services we may offer at any of our Premises, are also subject to change from time to time. We may also make modifications, deletions, or additions to these Terms from time to time. We will provide you with notice of changes to these Terms or Services that apply to you by emailing the last email address provided by you in your profile on FunThriving's Web App at app.funthriving.net. Most changes will be effective immediately upon notice, except pricing and fee changes will be effective upon your next subscription period. If you disagree with the changes, you may cancel your Virtual Office Subscription at any time, but note that there are no refunds for early cancellation. 

14. The following actions can lead to the revocation of your Virtual Office Subscription. 

14.1 Conduct fraudulent activity. 

Creating Your Virtual Office Subscription 

15. The Services are available to members who are at or above the legal drinking age in the jurisdiction where such member or guest is receiving such Services unless we specify otherwise. Kindly be sure you qualify. You agree to provide us with accurate and complete information about yourself when you register with us and as you use the Services. 

Passwords 

16. Don’t reveal your account password or credentials to anyone else (or let them use your account). You are responsible for maintaining the confidentiality of your password. You must promptly notify us if you suspect your password has been compromised.

Linking to Company 

17. You may identify a Company (defined below) with whom your profile is associated during the registration process. Alternatively, your profile may have been created by an authorized representative of your employer or other entity for which you provide services (a "Company"), and your profile will be associated with such a Company. You agree that you will not falsely represent your association with any Company, impersonate any third party, or otherwise submit or present any false or misleading information to the FunThriving Community or us. If you are an authorized representative of an entity receiving the Services, you hereby warrant and represent to us that (a) you have the proper authority to create, terminate, and maintain the company account. You agree to indemnify us for any loss we may suffer due to any breach of these warranties and representations. 

Payment Terms 

18. By signing up for a Virtual Office Subscription or any other Services and providing your payment information, you agree to pay us the recurring or non-recurring fees associated with the particular Services you are purchasing, as displayed to you at the time you create your account and/or sign up for the relevant Services, or as updated by us from time to time upon notice to you. You acknowledge and agree that the payment method provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our Premises or property) in connection with the Services. Only a single payment method may be used at any given time to make payments for all Services you purchase in a single transaction. 

19. You must keep your payment information up-to-date and accurate. Recurring fees, which may include recurring membership fees ("Membership Fees") and any other recurring fees you have agreed to in connection with the Services, will be charged on the first (1st) of each month unless we notify you otherwise. Overage fees and other non-recurring fees will be charged within thirty (30) days of you accruing such fees. If payment for your Membership Fee or any other accrued and outstanding fee is not made by the tenth (10th) of the month in which such payment is due, you will be responsible for paying the then-current late charge. Your use of the Services may be immediately suspended and eventually terminated if we cannot charge your payment instrument for any reason. 

20. When we receive funds from you, we will first apply the funds to any balances which are in arrears and to the earliest month due first. Once past

balances are satisfied, any remaining portion of the funds will be applied to current fees due. The fees applicable to your account may be subject to modification from time to time, and such changes will become effective upon your next subscription period. Your continued use of the Services following notice of any such change through the next payment date constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any changed fees. If we have charged you VAT and if, according to law, the Services provided by us to you pursuant to these terms are at any time found to be exempt from VAT, then we will credit the VAT charged to you and collected by us. In addition, in such an event, the fee charged to you will be retroactively increased by an amount equal to the VAT amount to be credited to you. Such credits and accompanying fee increases will offset each other, and the total amount paid to us by you will remain the same. 

21. All fees are non-refundable. All fees must be paid in the official local currency of the location of your contracting entity or as otherwise specified by FunThriving. 

Using and Terminating Virtual Office Services 

22. To the extent applicable, your Virtual Office Subscription is specific to you. You cannot add additional members to your account or share your account credentials with any other individual. 

23. You may be required to present valid, government-issued photo identification to gain access to our services. 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. 

24. Additional Services may be available to you, either in connection with specific Premises or pursuant to special or additional features, Service Packages, or other offerings. For more information about additional services available to you, contact the applicable community team at any Premises. Additional Terms may apply to the additional Services. To the extent you are receiving any other Services, the applicable Additional Terms are hereby incorporated into these Terms by this reference. 

25. You may use Funcredits for mail scan or mail forwarding or other Services in certain of our Premises during such Premises' Regular Business Hours on such Premises Regular Business Days, all subject to availability of such workspaces, conference rooms, or our team. Use of our workspaces, conference rooms, or other services in excess of any Funcredits would be

subject to the standard fees for such Services. Such Fees are subject to change from time to time. 

Mail 

26. With your virtual office subscription, you will be elected to receive mail and packages at one of our locations. If you have done so, we will accept mail and deliveries on your behalf during such Premises' Regular Business Hours on such Premises' Regular Business Days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages after you terminate your virtual office subscription. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for receiving merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages. 

Property 

27. We are not responsible for any property you leave behind on any of our Premises. It is your responsibility to ensure that you have retrieved all of your items before leaving. Before the termination or expiration of your Virtual Office Subscription, you must remove all of your property from all FunThriving Premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in any of our premises. You waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal. 

Damage 

28. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our Premises and items therein caused by you or your guests, invitees, or where permitted, pets. 

Account Termination 

29. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, or at any other time when we in our reasonable discretion see fit to do so, we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your account with immediate effect and possibly without prior notice to you. In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or no reason. We may also at any time terminate your account or Virtual Office Subscription if we discontinue the Virtual Office Subscription at a particular premise or all premises.

30. You can cancel your account at any time by submitting a request at support@funthriving.freshdesk.com or directly in FunThriving's Web App. Please note that if a Company created your individual account, (a) an authorized representative of such Company may at any time terminate your individual account by contacting us, and (b) we may terminate your account, even if the Company's account remains active, and even if you continue to be employed or engaged by such Company. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account concerning amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite the termination or expiration of your Virtual Office Subscription. Sections 18 (to the extent any payment amounts are outstanding), 22-28, 36-38, 40, 42-43, 45-55 shall survive any termination or expiration of these Terms. 

31. On termination of your Virtual Office Subscription, you must immediately stop using your Virtual Office Address. You must not give your Virtual Office Address to new senders, stop using the address on your Website, business cards, stationery, etc., and notify your existing senders of your new address. You must do this as promptly as practical and no later than five days after these Cancellation Terms become effective. 

32. You may not file a Change of Address notice with the US Postal Service. As stated in the USPS Form 1583 you signed when you set up your account with Prospreneurs Workplace LLC, you may not file a change of address for your Virtual Office Address with the US Postal Service. You are responsible for changing your address with your senders and making arrangements with FunThriving to receive your mail. 

33. We will continue to receive your US Postal Service mail following Virtual Office Subscription termination for six months or other time required by postal regulations. We are not required to continue receiving non-US Postal Service mail after Virtual Office Subscription termination. 

34. Mail forwarding of USPS mail during the six months or other period required by postal regulations after termination. We are not required to forward your mail items to you after Virtual Office Subscription termination unless you ask us and pay any applicable forwarding fees.

Using FunThriving's Web App 

35. If you use FunThriving's Web App, then, subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Application on a compatible device that you own or control for your use. In each case, in the manner enabled by us. 

Other Application Terms 

36. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Application. As between you and us, we own all worldwide rights, title, and interest, including all intellectual property and other proprietary rights, in and to (a) the Application; (b) all related software and technology used by us to provide Application features and functionality and (c) all usage and other data generated or collected in connection with the use thereof. Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of any of the foregoing. In addition, you agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas, algorithms, or trade secrets of the Application or any other software or technology of ours, except to the extent expressly required by applicable statutory law. 

Endorsements and Testimonials 

37. We may also publish testimonials by users and members related to their experiences with the Services from time to time. These testimonials are the users' subjective opinions, representing individual results. We neither verify them nor claim that they are typical results that others will generally achieve. Names, locations, dates, and other information may have been changed to protect the individuals' privacy. All other testimonials and endorsements of any type, format, or nature posted by users are not verified by us, and we make no warranty or representation as to their accuracy. You should be cautious when relying on any testimonials or endorsements, and you should assume the results described therein are not typical. 

38. You may not take, copy or use for any purpose the name "FunThriving" or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers, or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of any FunThriving properties, without our prior consent. 

Availability of Content 

39. We do not guarantee that any Content will be made available on FunThriving's Web App. We reserve the right, but do not have any obligation to, (a) monitor, remove, edit or modify any Content, including User Content (defined below), in our sole discretion, at any time, without notice to you and for any reason or for no reason at all; (b) remove or block any Content, including User Content, from FunThriving's Web App or (c) re-post to FunThriving's Web App any Content, including User Content removed by a user (including the user who contributed such Content). 

Limitations of Liability 

40.To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests, and invitees, waive any and all claims and rights against us and our landlords at the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the "FunThriving Parties") resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet ("Claims") and release the FunThriving Parties from any such Claims. 

41. For the purpose of implementing a full and complete release, EXECUTIVE expressly acknowledges that the releases given in this agreement are intended to include, without limitation, claims that he did not know or suspect to exist in his favor at the time of the effective date of this agreement, regardless of whether the knowledge of such claims, or the facts upon which they might be based, would materially have affected the settlement of this matter; and that the consideration given under the agreement was also for the release of those claims and contemplates the extinguishment of any such unknown claims. 

42. We do not control and are not responsible for the actions of other individuals or pets using the Services or at our Premises. You should be aware that other users or members may not be who they claim to be. We do not perform background checks on our users or members, nor do we guarantee that our users' or members' profiles are accurate. We do not endorse, support, or verify our users or members' facts, opinions, or recommendations.

43. The Services may provide you with access to third-party products or services. The Services may also provide you with access to advertisements from our other third-party business partners. We are not responsible for the content of these advertisements or any links, products, services, or other materials relating to any third-party products, services, advertisements, or other materials. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the Services or any products, services, or other materials relating to any advertisement. You agree that our making available access to or discounts for these third-party services does not constitute the provision of such third-party services by us. You will look solely to the applicable third party to provide the applicable third-party services and compensation for any claims, damages, liabilities, or losses you may incur in connection with such third-party services. 

44.To the extent permitted by law, the aggregate monetary liability of any of the FunThriving Parties to you or your employees, agents, guests, or invitees for any reason and all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under these Terms for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. None of the FunThriving Parties will be liable under any cause of action for any indirect, special, incidental, consequential, reliance, or punitive damages, including loss of profits or business interruption, or the cost of any substitute goods, services, or technology. You acknowledge and agree that you may not commence any action or proceed against any of the FunThriving Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action's accrual. 

For the avoidance of doubt, nothing in these Terms will exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation, or (c) any breach of any implied terms which cannot lawfully be excluded. 

Disclaimer of warranties and implied terms 

45. The Services are provided "AS IS". To the extent permitted by law, we disclaim all warranties and terms, express or implied, with respect to the Services, including warranties, terms, or representations as to the availability, operation, performance, and/or use of our Services or any other materials on or accessed via the Services, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from a course of dealing, course of performance or usage in trade.

Exclusions 

46. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. Such exclusions and limitations shall apply to the maximum extent allowed under applicable law in such an event. 

Indemnification 

47. You agree to hold us harmless. You will indemnify and hold harmless the FunThriving Parties from and against any and all claims, liabilities, damages, and expenses ("Claims") including reasonable attorneys' fees, resulting from any breach of these Terms by you or your employees or guests, or your or their invitees or pets or any of your or their actions or omissions, and FunThriving will have sole control over the defense of any such Claims. You are responsible for the actions of and all damages caused by all persons and pets that have accompanied you upon visiting the Premises. You shall not make any settlement that requires a material act or admission by any of the FunThriving Parties, imposes any obligation upon any of the FunThriving Parties, or does not contain a full and unconditional release of the FunThriving Parties without our written consent. None of the FunThriving Parties shall be liable for any settlement made without prior written consent. 

48. You agree to cooperate with us. We may investigate any actual, alleged, or potential violations of these Terms from time to time. You agree to cooperate fully in any of these inquiries. You waive any and all rights against FunThriving, its employees, and any associated third parties or affiliates. You agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation. 

Governing Law 

49. These Terms and the transactions contemplated (including any non-contractual matters)hereby shall be governed by the law of the State of Florida. Disputes can be submitted to the jurisdiction of the courts of Florida or where the Company operates its business 

Venue 

50. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to these Terms, or at law, or the breach, termination, or invalidity of these Terms, that cannot be settled amicably by agreement of the parties to these Terms shall be finally settled: 

Pursuant to the State of Florida law, the parties agree to arbitrate any disputes arising under this agreement. The arbitration will be conducted under the rules of the American Arbitration Association and shall be held in Florida or such other place as the parties may agree. 

Proceedings 

51. The proceedings shall be confidential and in English. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action, suit, or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs, and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. These Terms shall be interpreted and construed in the English language, which is the language of the official text of these Terms. 

Class Action Waiver 

52. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If we are a party to the proceeding, you and we also agree not to participate in claims brought in a private attorney general or representative capacity or any consolidated claims involving another person's account. You are giving up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations. 

General Provisions 

53. These Terms as well as our House Rules and any feature-specific guidelines, terms, or rules that may be posted or provided to you constitute the entire agreement between us regarding the Services and supersedes and merges any prior proposals, understandings, and contemporaneous communications. If any provision of these Terms and/or any feature-specific guidelines, terms, or rules that may be posted or provided to you are held to be unenforceable, then that provision is to be interpreted either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this paragraph, the rest of these Terms and/or any feature-specific guidelines, terms, or rules that may be posted or provided to you are to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. The failure of either party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. 

54. Notwithstanding anything in these Terms to the contrary, these Terms in no way shall be construed as to grant you any title, lease, easement, lien, possession, or related rights in our business, Premises, or anything contained in our Premises. These Terms create no tenancy interest (including any security of tenure), a leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship. 

OFAC 

55. You hereby represent and warrant that you are not, nor will you be at any time while you are a member, an entity, or individual listed on the Specially Designated Nationals and Blocked Persons List published by the U.S. Department of Treasury, as updated from time to time. 

If you have any questions relating to these Terms, please contact us at support@funthriving.freshdesk.com 

Effective date: April 11, 2022