Term and Conditions
Last Updated: March 11, 2024
By using or accessing secondlab.com or any of its subdomains (collectively the “Site”), you agree to comply with and be bound by these Terms and Conditions (“Terms”).
Second Lab, LLC (“Second Lab,” “us,” “we,” or “our”) offers an online venue that enables users (“Users”) to publish, offer, search for, and book facilities. Users who publish and offer facilities are “Hosts” and Users who search for, book, or use facilities are “Guests”. These Terms govern only your use of the Site. If you rent a facility as a Guest or a Host, you will subsequently be required to enter into a Lab Agreement which will govern the terms of that transaction.
BY ACCESSING THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. SECOND LAB RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
1. Second Lab is only a Venue. Second Lab is merely the provider of the venue whereby Hosts and Guests may enter into transactions to rent facilities and provide services. Second Lab does not own, control, offer or manage any of the facilities. Second Lab is not a party to any agreement entered into directly between Hosts and Guests. Second Lab is not acting as an agent in any capacity for any User.
2. Lab Agreement. You acknowledge that until you enter into a separate Lab Agreement, you have no commitment or obligation as either a Host or Guest.
3. Privacy Policy. Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy at https://www.secondlab.com/privacy-policy.
4. Limited Use of the Site. Users are granted a limited, revocable, non-exclusive license to use this Site and content on the Site solely to provide information and facilitate the offering and booking of facilities. Any use of the Site that is not for these purposes or otherwise in accordance with the Terms, or as otherwise authorized by us in writing, is expressly prohibited.
5. Unauthorized Use of the Site.We strictly prohibit use of the Site for collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site, or any data mining, robots, spiders or similar data gathering and extraction tools. Unauthorized uses of the Site also include, without limitation, the following:
Any commercial use of the Site or any content on the Site, other than by Users in good standing;
Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content on the Site in any form whatsoever;
Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
Reverse engineer any part of the Site;
Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, or taking any action that may be considered phishing or that would give rise to criminal or civil liability; or
Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.
If you are aware of, or experience, any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Contact Information” below.
6. Proprietary Rights. The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Site.
7. Limitations on Communications and Use of Other Users’ Information. You agree that, with respect to other User’s personal information that you may obtain directly or indirectly from or through the Site or through any Site-related communications or transactions, you may only use the information for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a transaction between you and another User related to the purpose of the Site (such as inquiring about or booking a facility). Any other purpose will require express permission from the User.
8. Links to Third Party Sites. The Site may contain links and pointers to other internet sites, resources and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a social media site. We are not responsible in any way for such third-party sites or resources and your use of such site and resources will not be governed by these Terms.
9. Limitations on Liability. In no event will Second Lab, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors, be liable for any direct, indirect, incidental, punitive, actual, special or consequential damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Second Lab has been advised of the possibility of such damages, such damages were reasonably foreseeable or Second Lab was grossly negligent. In no event will Second Lab’s aggregate liability for any claim or dispute, regardless of the form of action (whether in contract, tort, or otherwise), exceed the amount you’ve paid as a User in connection with any transaction from which the dispute arises.
10. Indemnification. In the event that you have a dispute with one or more other Users or any third party associated with a transaction facilitated through the Site, to the maximum extent permitted by applicable law, you agree to release, defend (at Second Lab’s option), indemnify, and hold harmless Second Lab, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors, from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, whether known or unknown, arising out of or in any way connected with your use of this Site or any facility.
11. Disclaimers. This Site, including all content, software, functions, materials and information made available on or accessed through the Site, is provided “as is.” To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the Site or the materials, information and functions made accessible through the Site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Site or any linked site, even if we become aware of any such breaches. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained on the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
12. Disputes; Arbitration. Please read this Section carefully. It requires that any and all claims be resolved by binding arbitration, and it prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this dispute resolution section applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. Any such arbitration will be administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal.
Prior to initiating arbitration, you agree to give us the opportunity to resolve any claims by notifying us of the claim in writing and attempting in good faith to negotiate an informal resolution.
You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to:
5900 Balcones Dr, Suite 100
Austin, TX 78731, USA
The Notice must contain the following information: (1) your name, (2) your address, (3) your email address, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature.
If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the claim unless and until all pre-arbitration dispute resolution and notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.
Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration are asserted by you and are for less than $40,000 in aggregate, by telephone or by written submission.
In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
13. Relationship. Nothing in these Terms or your use of the Site should be construed to constitute either party as an agent, partner, joint venturer, or employee of the other party.
14. Governing Law. These Terms are governed by the laws of the state of Delaware, without regard to conflicts of law principles. The AAA Rules shall preempt all state laws to the fullest extent permitted by law.
15. Severability. If any provision of these Terms is determined by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
16. Contact Information. To contact us for any reason, please email us at support@secondlab.com or call us at (510) 306-2403.