1. AGE VERIFICATION
I hereby verify that I am at least 18 years of age, and agree to provide any necessary identification to Open Source Maker Labs (OSML) upon request. Members under the age of 18 must be accompanied and supervised by a parent or legal guardian during the entire time at OSML facilities.
2. FACILITY POLICIES AND PROCEDURES
All users of the lab, excluding the office area and classroom, must take the Basic Safety Class and sign the OSML Liability Waiver. Safety glasses MUST be worn in all areas of the lab, excluding the office area and classroom. No long hair and no jewelry is allowed near powered equipment, machines or tools. Safety is paramount. All users of the OSML facilities are responsible for their own safety. OSML will not be held liable or responsible for any injury sustained by using any of the equipment, tools or facilities of OSML. Unsafe actions or improper use of tools and equipment may result in termination of membership. Members must report unsafe activities to OSML staff as soon as possible. If at any time you notice ANY machines, tools or equipment not functioning properly, please contact any OSML staff immediately. As a member, you are exclusively entitled to use our entire facility, pending safety approval by management, completing the Basic Safety Class and taking any necessary classes. The following policies are in place to ensure fair access for all members to our facilities. Failure to abide by these policies may result in termination of your membership. Any area you work in must be left cleaner than when you started. All equipment, supplies and tools must be used with proper care. If you need help with the use of anything in the facility or have questions, please notify OSML staff immediately. Failure to follow specific guidelines and procedures may result in the member being held responsible for any repairs, replacement and labor costs of damaged OSML property.
3. CLASS POLICY
Classes are scheduled according to demand, and new classes are added on a monthly basis. Please check our website or stop by the OSML front desk for up-to-date course information. Comprehensive course descriptions can be found on-line, and it is recommended that you read through them fully prior to registering. Advanced registration is necessary for all classes, unless otherwise noted in class description. Instructors, class times, and class dates are subject to change. If we reschedule a class to another date, students are entitled to a full refund. OSML reserves the right to change instructors without prior notification, and to change class location and meeting times by up to an hour with 48 hours prior notice. To register for a class, students must pay in full at the time of enrollment. OSML accepts most major credit cards and cash. Checks may be accepted from members only. To sign up after the registration deadline, please call or email us to ensure space and enrollment is still available.
B) Withdrawals & Transfers
In the event a student must withdraw from a class, he or she may do so any time before the registration deadline of the class (normally up to 72 hours before the class), and will receive a 75% refund of class cost plus any equipment or material fees. Class enrollment is nontransferable: requesting to transfer to another section of the same class is considered a withdrawal. Withdrawals on or after the class registration deadline are not refundable and course fees are not transferable. A credit of your enrollment fee may be issued for medically excused emergencies (with documentation) or family bereavement. Other than this, there will be no exceptions. Please give us notice as far in advance as possible.
C) Material & Equipment Fees
Classes that make use of tools or supplies will most likely require a material or equipment fee. This pays for in-class consumable items (e.g., drill bits, gas, wood, metal, etc.) and the upkeep of tools used for that specific class. In some circumstances, students may also be required to purchase certain supplies on their own. This will be clearly indicated in the full on-line course description.
D) Missed Classes & Being Late
Missing the first day of a course may be grounds for withdrawal without refund. Email us if you know you are going to miss the first day of a course. Advance notice may allow some sort of accommodation, such as a paid makeup session. However, OSML is not obligated to offer complimentary makeup sessions outside class time or in concurrent or future course sections. Instructors are not obligated to catch students up during scheduled class time for missed sessions or excessive lateness.
E) Regular Memberships
Members are able to enroll in free classes (excludes material costs) based on their payment plan. Members are required to pay any material or equipment fees associated with a class at the time of registration. Withdrawal and transfer policies are the same for free classes as described under the Class Policy section of this document. Regular members are required to attend the classes in which they enroll. Absence from the first day, missing one session (for classes between one and four sessions), and missing two or more sessions (for classes greater than four sessions) will each be construed as a withdrawal, and will result in the full cost of the course being charged to the member. Advance notice of missed classes is strongly encouraged. Please email OSML as soon as possible. Excessive lateness is strongly discouraged. Instructors are not obligated to catch students up during scheduled class time for missed sessions or excessive lateness. In an effort to make the classes at OSML accessible to the community at large, we reserve several seats per class for non-members.
F) If We Cancel or Reschedule a Class
Most classes offered at OSML must have a minimum of 4 students registered in order for the class to commence. In the event a course does not receive sufficient enrollment, it may be canceled. Students will be notified of cancellation or rescheduling at least 24 hours prior to the start of the class. In the event of a cancellation, students will be refunded within 10 business days. If we reschedule a class to another date, students are also entitled to a full refund. OSML reserves the right to change instructors without prior notification, and meeting times by up to an hour with 24 hours prior notice.
G) Class Feedback
At the conclusion of every class, students may receive an emailed evaluation request. We depend upon your feedback to help us improve our course offerings. If you have any issue with a class you are currently enrolled in, please either raise your issue with the instructor at the end of the class meeting or email us. It is our general experience that most issues can be satisfactorily addressed during class or before the course concludes. Complaint resolution may involve contacting the instructor and other students. All emailed comments will remain confidential upon request.
4. USING THE FACILITIES DURING CLASSES
Areas and equipment marked as reserved for classes are for the exclusive use of instructors and students beginning 30 minutes prior to the start of class. A full class schedule can be obtained from the Front Desk. Please be considerate and refrain from excessively noisy work during class. Classes will receive priority on certain equipment, tools and areas during classes. If you are on a deadline with a project, please speak with the instructor. We want you to finish your project and have the class be a success.
5. SHOP RULES AND CONDUCT
- Always wear proper eye and ear protection while in the shop. This applies regardless if you are working on machinery or not. Activities of others can affect your safety.
- Loose long sleeves and/or jewelry are NOT allowed near any powered tools, equipment or machines that have moving parts.
- Long hair MUST be tied back above the neck at all times while in OSML.
- No member may use any shop equipment unless authorized to do so through by successfully passing the appropriate OSML classes.
- Only authorized OSML members are permitted in the work areas. Keeping foot traffic to a minimum creates a safer and more comfortable working environment.
- Any repairs and/or replacement cost due to neglect will be the responsibility of the individual who caused the damage.
- No pets are allowed in any of the workshop areas.
- Do not attempt to oil, clean, adjust or repair any machine while it is running.
- Performing maintenance on moving machinery can lead to injury or death.
- Never open any covers, casing, or shrouds while the machine is running.
- Ensure that all machine guarding is in place and functioning properly.
- Inform OSML staff if the guarding is damaged or malfunctioning.
- Malfunctioning guarding will not properly protect you and becomes a hazard itself.
- Never leave machines running unattended. Others may not notice the machine is running and be injured by moving tooling.
- Do not try to stop the machine with your hands or body. Stopping the machine with your body can result in entanglement, dismemberment or death.
- Always let moving parts come to a stop under their own power.
- Always keep hands, hair, feet, etc, clear of all moving machinery at all times.
- Loose fitting clothes such as baggy sweatshirts or long sleeve shirts with loose cuffs should not be worn in the shop.
- Double-check that all tooling and work pieces are properly supported and clamped prior to starting the machine.
- Heavy or unwieldy work pieces often require special support structures or assistance from other members or shop support.
- Always ask for help if you are unsure if your work piece requires additional support.
- Always remove chuck keys, wrenches and other tools from machines after making adjustments.
- Chuck keys left in the chuck when the machine turns on become dangerous flying objects.
- Ask for help when moving awkward or heavy objects. This will protect you and those around you from injury.
- Never start a conversation with or interrupt someone who is using machinery. Always wait for them to complete their task before talking.
- Never attempt to squeeze behind someone while they are using machinery. Always stop and wait for them to complete their task before passing.
- Work at a pace that is comfortable for you. Rushing will compromise your safety and increases the chance of damaging equipment.
- Listen to the machine(s) ? if something does not sound right, shut it down. Often if the machine sounds abnormal to you, it probably is not operating properly.
- Inform OSML staff if you believe the machine to be operating abnormally.
- If you do not know, or are unsure how to do something ? ASK! Do not engage in any activity that you are not comfortable with and are trained on.
- Trust your judgment. Check with OSML staff or another member who has more experience.
- Every member is responsible for keeping their membership cards secure. There will be a replacement fee for all lost or stolen keys and cards.
6. SHOP HYGIENE
- You are responsible for cleaning up after each project. Sweeping, wiping down machines, and cleaning off tables shows respect for other members coming in after you.
- Keep floors free of oil, grease or any other liquid. Please clean up spilled liquids immediately to prevent slipping hazards.
- Let OSML staff know of spills as soon as possible.
- Members are responsible for keeping ALL areas clean and free of debris. This is your facility too!
- All materials should be stored in such a way that they cannot become tripping hazards. Return all excess material to its proper storage place.
- Stay organized - putting tools away when not in use prevents loss and also makes them available to others.
- Don't waste - Place all used scrap in marked containers.
- All work should stop 15 minutes prior to the time you need to leave or before OSML closes for the day. This provides time to clean and replace tools for the next members to use. Members are responsible for cleaning their work areas and replacing tools to their storage location prior to departure.
This Membership Agreement ("Agreement") is entered into by and between Open Source Maker Labs and the undersigned member on the date this agreement is signed by.
1. MEMBERSHIP PACKAGE
Member has agreed to pay the amount(s) indicated in the payment method, attached hereto and made a part hereof, on the date(s) there listed in exchange for the membership benefits there listed and OSML agrees to provide such benefits to Member.
Classes shall be governed by the terms under CLASS POLICY under MEMBERSHIP TERMS & CONDITIONS, attached hereto and made a part hereof.
All charges and payments shall be in U.S. dollars + tax. If member makes payment by credit card or electronic payment, Member authorizes OSML to bill member's account for the amounts authorized. Member warrants and represents that all payment information provided to OSML is true and correct. OSML reserves the right to collect taxes from Member in order to comply with local, state and/or federal law, as required now or later imposed. If Member claims exemption from any taxes, Member shall provide OSML with documentation required by the taxing authority to support an exemption. OSML shall not issue any refunds except within its sole discretion. Member shall pay a late fee of 1.5% per month on all overdue amounts and may be prevented access to the facilities during periods when payments are overdue. In the event that payments are more than thirty (30) days overdue, OSML may immediately terminate member's rights pursuant to this Agreement. Member shall reimburse for any charges incurred due to any returned check or any other declined payment and pay an administrative fee of $25.00.
4. RIGHTS OF PUBLICITY AND CONSENT TO RECEIVE EMAILS
Member hereby grants to OSML the right to photograph and videotape Member and Member's materials and art and to use, copy, modify, publish and distribute such photographs and videotapes taken in the OSML facility and any derivatives thereof, in any and all formats, currently known or unknown.
Member also hereby releases, discharges, and agrees to hold harmless OSML and its owners, agents, landlord, officers and employees from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof.
5. SHOP RULES AND USE OF FACILITY
Member agrees to comply with the OSML safety manual, which member acknowledges to have received. OSML reserves the right to update and modify such manual and Member agrees to review and be familiar with the most recent manual before each use of the facility. Member agrees not to utilize OSML's facility to compete with OSML or to solicit OSML members for competitive entities.
6. MEMBERSHIP TERM
The term of this agreement begins on the Effective Date and will continue as described in the MEMBERSHIP DETAILS sections. No membership cancellations will be honored before the minimum commitment has been satisfied. Upon completion of the terms of the Membership, the Membership will go into month-to-month status, monthly billing will continue, and the member will be eligible to cancel at any time, with a 35-day notice. All membership cancellations must be received by email to OSML at least 5 days prior to desired final membership bill date, at which point the member's last month of membership will begin.
7. IMMEDIATE TERMINATION
OSML may immediately terminate the rights granted to Member herein if Member violates shop rules, is in breach of one or more of its obligations which breach it fails to cure within seven (7) days of receipt of a written notice specifying the nature of the breach, or if Member's conduct, or that of someone at the facility with Members' permission or invitation, interferes with use of the facility by other members or results in damage, injury or threat to OSML or its staff or members. If OSML terminates Member's rights for any of these reasons it shall not be required to refund any fees.
8. COMPLIANCE WITH THE LAW
Member agrees to comply with all relevant laws and regulations in its use of the OSML facilities and agrees not to interfere with the use of the facility by OSML or by others, cause any nuisance or annoyance, cause an increase in OSML insurance premiums or cause loss or damage to OSML (including, but not limited to, damage to reputation), its landlord or any other member or user of the facility or their property. Member acknowledges that (a) the terms of the foregoing sentence are a material inducement in OSML execution of this agreement and (b) any violation by Member of the foregoing sentence shall constitute a material default by Member hereunder, entitling OSML to terminate this agreement, without further notice.
9. WARRANTY DISCLAIMER
THE FACILITY, TOOLS, MATERIALS, EQUIPMENT AND ALL SERVICES ASSOCIATED WITH THIS MEMBERSHIP AND ANY CLASSES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OPEN SOURCE MAKER LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL OSML OR ITS LANDLORD OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE FACILITY, TOOLS, MATERIALS, EQUIPMENT OR SERVICES ASSOCIATED IN ANY WAY WITH THIS MEMBERSHIP, INCLUDING WITHOUT LIMITATION ANY BODILY INJURY, DEATH, PROPERTY DAMAGE. THE AGGREGATE LIABILITY OF OPEN SOURCE MAKER LABS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER WITH THIS MEMBERSHIP SHALL NOT EXCEED ANY AMOUNTS PAID BY MEMBER TO OPEN SOURCE MAKER LABS DURING THE YEAR PRECEDING THE ACT OR OMISSION OUT OF WHICH SUCH LIABILITY ARISES.
Member agrees to defend, indemnify and hold harmless OSML, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to Member's activities at the OSML facility, including without limitation any actual or threatened suit, demand or claim arising out of or relating to Member's use of the facility, Member's violation of this Agreement or the Shop Rules or Member's damage to any third party.
This Agreement and the rights and obligations hereunder may not be assigned, delegated or transferred by either party without the prior written consent of the other party. Any such attempt shall be void.
All notices given under this Agreement shall be in writing and shall be addressed to the parties at the postal address listed on this Agreement. Either party may change its address for purposes of this Agreement by giving the other party written notice of its new address or fax number. Any such notice if given or made by registered or certified letter shall be deemed to have been received on the earlier of the date actually received and the date three (3) calendar days after the same was posted (and in proving such it shall be sufficient to prove that the envelope containing the same was properly addressed and posted as aforesaid).
None of the conditions or provisions of this Agreement shall be held to have been waived by any act or knowledge on the part of either party, except by an instrument in writing signed by a duly authorized officer or representative of such party. Further, the waiver by either party of any right hereunder or the failure to enforce at any time any of the provisions of this Agreement, or any rights with respect thereto, shall not be deemed to be a waiver of any other rights hereunder or any breach or failure of performance of the other party.
15. CHOICE OF LAW
This Agreement shall be governed by the laws of the State of California. The sole and exclusive venue for litigation of disputes shall be the state or federal courts located in San Diego County, California. The losing party shall pay the prevailing party's costs associated with such dispute, including without limitation, the award of attorneys' fees.
If any provision of this Agreement is declared invalid or unenforceable by a court having competent jurisdiction, it is mutually agreed that this Agreement shall endure except for the part declared invalid or unenforceable by order of such court. The parties shall consult and use their best efforts to agree upon a valid and enforceable provision which shall be a reasonable substitute for such invalid or unenforceable provision in light of the intent of this Agreement.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, superseding any and all other previous and contemporaneous agreements, understanding, proposals, conditions, warranties, representations or statements, oral or written, with regard to the subject matter hereof.
Any previous agreements between the parties pertaining to the subject matter of this Agreement are hereby expressly canceled and terminated.
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICES
OSML may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services as OSML may provide from time to time (collectively, Services). The Services at all times are subject to the MTOU.
3. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden or impair any OSML server, or the network(s) connected to any OSML server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any OSML server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this MTOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
4. USE OF SERVICES
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through OSML services;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, worms, time bombs, cancel-bots, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another;
- Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in such manner;
- Restrict or inhibit any other user from using and enjoying the Services;
- Violate any code of conduct of other guidelines, which may be applicable for any particular Service;
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
- Violate any applicable laws or regulations; and create a false identity for the purpose of misleading others;
- Use any wired or wireless methods for accessing, gathering or viewing OSML's or other users' data without prior permission.
OSML reserves the right at all times to disclose any information about you, your participation in and use of the Services as OSML deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OSML's sole discretion.
OSML promotes the sharing of ideas and knowledge and the collaboration between members on projects. This requires a level of trust and confidentiality between members to ensure that shared intellectual property is not abused or misused.
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by OSML or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.
Confidential Information also includes, without limitation, information about business, sales, operations, 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 OSML, any analyses, compilations, studies or other documents prepared by OSML or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to I. Maintain all Confidential Information in strict confidence; II. Not to disclose Confidential information to any third parties; III. Not to use the Confidential information in any way directly detrimental to OSML or any participant or user of the Services.
All Confidential Information remains the sole and exclusive property of OSML orthe respective disclosing party. You acknowledge and agree that nothing in this document or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of OSML, or any participant or user of the Services.
7. PARTICIPATION OR USE OF SERVICES
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that OSML does not have any liability with respect to your access, participation in, use of the Services or any loss of information resulting from such participation or use.
8. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, OSML provides the Services "as is" and with all faults, and hereby disclaim with respect to the Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the Services, remains with you.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall OSML or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the Services, the provision of or failure to provide Services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of OSML, and even if OSML has been advised of the possibility of such damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
10. LIMITATION OF LIABILITIES AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of OSML or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this MTOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
OSML reserves the right to terminate any Service at any time. OSML further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the MTOU.
You release, and hereby agree to indemnify, defend and save harmless OSML and OSML's subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys' fees and costs incurred by OSML or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of this MTOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this MTOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
OSML will carry Liability and Business Personal Property insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of OSML. OSML is not liable for damage or theft to member's personal tools, equipment or supplies.