StashHere, INC. 2018 – Last Updated July 02, 2018
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO RESPECT AND BE BOUND BY ALL THE TERMS IN THIS AGREEMENT.
StashHere, Inc. (“we”, “us”, or “our”) is here to provide an online platform that connect Hosts (or “Stashers”) who rent their personal Space to Stashers (or “leaseholder”). In this legal document, we might refer to the StashHere platform with the terms “we”, “our”, “us”, which are products of StashHere Storage, Inc. The terms “Service” or “Services” or “Offer” refer to any services we offer, including all StashHere web applications and/or other software, and/or the web site accessible at www.stashhere.com and associated content (collectively, the “Website”) as well as any or all our marketing channels. The terms “You” or “Your” refer to the users of the StashHere Service. The terms “Host” or “Hosting” refer to the person engaged in the act of storing or agreement to store a Stasher’s items, and the act of storing or agreeing to store a Stasher’s items, respectively, in accordance with the terms of the rental agreement as described herein. The terms “Stasher” or “Renting” refer to the person engaging in a temporary lease of the Host’s Space, and the act of engaging in a temporary lease of the Host’s Space, respectively, in accordance with the terms of the rental agreement as described herein. The term “Space” refers to the area of the Host’s property rented or offered for rental by a Host. The term “listing” refers to the searchable description advertising the Host’s space as found on this website. The terms “Items”, “Stored Items” refer to the property or goods of the Stasher that is stored in the Host’s Space. The term “Booking” refers to a confirmed transaction between Host and Stasher whereby Stasher stores their Property in a Host’s Space. “Member” means a person who completes StashHere’s account registration process, including, but not limited to Hosts and Stashers, as described under “Account Registration” below. “StashHere Content” means all Content that StashHere makes available through the Site including any Content licensed from a third party, but excluding Member Content. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site. “Collective Content” means Member Content and StashHere Content. “Content” means text, graphics, images, software, audio, video, information or other materials. “Contents or Stasher’s Items” refer to all items the Stasher will store within or on the Host’s Space.
Terms of Service
StashHere makes available a platform or a marketplace for registered Stashers and Hosts to meet online and find storage arrangements including, but not limited to, backyards, basements, attics, garages, closets, sheds, storage units, driveways, private parking spots or other any other privately-owned space. StashHere is in no case the owner or operator of properties, nor is it a real estate broker. StashHere does not own, sell, resell, furnish, provide, rent, sublet, manage and/or control properties. StashHere’s mission and responsibilities are limited to: (i) facilitating the availability of the Site and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Stashers on behalf of the Host.
By using the Site or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a member, or other registered user of the Services. These Terms govern your access to and use of the Site and Collective Content (defined below), which constitute a binding legal agreement between you and StashHere. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site or Collective Content. Unauthorized or improper use of the Services or a violation of the Terms of Services set forth herein may result in your being banned from StashHere or other shared service business and may subject you to civil liability and/or criminal penalties.
YOU UNDERSTAND AND AGREE THAT STASHHERE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND STASHERS, NOR IS STASHHERE A REAL ESTATE BROKER, REAL ESTATE AGENT, INSURER, OR ESCROW AGENT. STASHHERE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, STASHERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SPACE. STASHHERE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACE. STASHHERE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE CONTENT OF ANY LISTING.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, OR BY REFERRING OTHERS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, APP, OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE SERVICES, OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY, AND ITS SUCCESSORS AND ASSIGNORS.
You may view Listings as an unregistered visitor to the Site; however, if you wish to book a Space or create a Listing, you must first become a Member by registering to create a StashHere Account (defined below). Both unregistered visitors and Members agree to be bound by all of the terms and conditions set forth herein.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
StashHere is, and will always be, an open environment dedicated to connecting people together to improve general storage. StashHere welcomes and services an incredibly diverse community, drawing together individuals of different cultures, religions, beliefs, values, and norms.
The StashHere community believes and is committed to building a world where people from every background feel welcome and respected. The whole StashHere community (us included) is to be committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We believe in and want to promote a culture within the StashHere community—hosts, Stashers and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, StashHere employees, hosts and Stashers alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere.
- Inclusion – We welcome Stashers of all backgrounds with authentic hospitality and open minds. Joining StashHere, as a host or Stasher, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
- Respect – We are respectful of each other in our interactions and encounters. By connecting people from different backgrounds, StashHere fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.
As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to storage. Hosts should contact StashHere customer service if they have any questions about their obligations to comply with this StashHere Nondiscrimination Policy.
Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status
STASHHERE HOSTS MAY NOT:
- Decline a Stasher based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Post any listing or make any statement that discourages or indicates a preference for or against any Stasher on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
STASHHERE HOSTS MAY NOT:
- Decline to store to a Stasher based on gender unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the Stasher.
- Impose any different terms or conditions based on gender unless the host shares living spaces with the Stasher.
- Post any listing or make any statement that discourages or indicates a preference for or against any Stasher on account of gender, unless the host shares living spaces with the Stasher.
STASHHERE HOSTS MAY:
- Make a unit available to Stashers of the host’s gender and not the other, where the host shares living spaces with the Stasher.
STASHHERE HOSTS MAY NOT:
- Decline a Stasher based on any actual or perceived disability.
- Impose any different terms or conditions based on the fact that the Stasher has a disability.
- Substitute their own judgment about whether a unit meets the needs of a Stasher with a disability for that of the prospective Stasher.
- Inquire about the existence or severity of a Stasher’s disability, or the means used to accommodate any disability. If, however, a potential Stasher raises his or her disability, a host may, and should, discuss with the potential Stasher whether the listing meets the potential Stasher’s needs.
- Prohibit or limit the use of mobility devices.
- Charge more in storage fees or other fees for Stashers with disabilities.
- Post any listing or make any statement that discourages or indicates a preference for or against any Stasher on account of the fact that the Stasher has a disability.
- Refuse to communicate with Stashers through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
- Refuse to provide reasonable accommodations, including flexibility when Stashers with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a Stasher requests such an accommodation, the host and the Stasher should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the Stasher’s needs.
STASHHERE HOSTS MAY:
- Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for Stashers with disabilities to assess for themselves whether the unit is appropriate to their individual needs.
STASHHERE HOSTS MAY:
- Except as noted above, StashHere hosts may decline to rent based on factors that are not prohibited by law. For example, except where prohibited by law, StashHere hosts may decline to store any objects that may be classified as illegal, perishable, or of high value.
- Nothing in this policy prevents a host from turning down a Stasher on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, a StashHere host may turn down a Stasher based off of the objects in question to be stored.
WHEN STASHERS ARE TURNED DOWN
Hosts should keep in mind that no one likes to be turned down. While a host may have, and articulate, lawful and legitimate reasons for turning down a potential Stasher, it may cause that member of our community to feel unwelcome or excluded. Hosts should make every effort to be welcoming to Stashers of all backgrounds. Hosts who demonstrate a pattern of rejecting Stashers from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential Stashers feel unwelcome, and StashHere may suspend hosts who have demonstrated such a pattern from the StashHere platform.
As the StashHere community grows, we will continue to ensure that StashHere’s policies and practices align with our most important goal: To ensure that Stashers and hosts feel welcome and respected in all of their interactions using the StashHere platform. The public, our community, and we ourselves, expect no less than this.
- Account Registration
In order to book a Space or create a Listing on StashHere, you must register to create an account (“StashHere Account”) and become a Member. You may register to join the Services directly via the Site as described in this section or via direct email invitation.
As part of the functionality of the Site and Services, you may link your StashHere Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to StashHere through the Site or Services; or (ii) allowing StashHere to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to StashHere and/or grant StashHere access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating StashHere to pay any fees or making StashHere subject to any usage limitations imposed by such third party service providers. By granting StashHere access to any Third Party Accounts, you understand that StashHere will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and Services via your StashHere Account and StashHere Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your StashHere Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or StashHere’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your StashHere Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site.
YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
StashHere makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and StashHere is not responsible for any SNS Content.
We will create your StashHere Account and your StashHere Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via a Third Party Account as described above. You may not have more than one (1) active StashHere Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. StashHere reserves the right to suspend or terminate your StashHere Account and your access to the Site and Services without cause or notice. Some possible reasons for termination include, but are not limited to: (1) if you create more than one StashHere Account or; (2) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. Termination of an account may result in forfeiture and destruction of all information associated with your account. All provisions of this agreement that, by their nature, should survive termination shall survive termination, including, without limitation, limitations of liability, and indemnity.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your StashHere Account, whether or not you have authorized such activities or actions. You will immediately notify StashHere of any unauthorized use of your StashHere Account by emailing admin@STASHHERE.com.
- Stasher Information
It is the Host’s sole right to check the Stasher’s background, credit history and/or criminal history and refuse to rent to Stasher, or terminate Stasher’s booking of the Host’s Space, as the case may be, upon receipt of such information. StashHere also reserves the right to perform these same background, criminal history or credit checks but will not take responsibility for them and you hereby release and hold StashHere harmless from any and all liability resulting from Host’s performance or failure to perform, such checks, or from Hosts actions upon receiving background information on Stasher.
STASHHERE RESERVES THE RIGHT, AT THEIR SOLE DISCRETION, TO DENY ANY HOST OR STASHER SERVICE BASED OFF THE RESULTS OF THEIR BACKGROUND CHECK.
- Change of Stasher’s Informations
Stasher agrees to immediately notify Host of changes in Stasher’s email address, mailing address, phone number or other information. A change of address will not be effective unless the new address is complete and is reported via the StashHere website.
Notice of a change of Stasher’s or Host’s phone numbers may be made via email, text, or via the StashHere website. Stasher is strongly encouraged to keep Host informed of any anticipated changes that may affect the terms of storage.
- Storage Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, availability of the Space and pricing and related rules and financial terms. In order to be featured in Listings via the Site, App and Services, all Space must have valid physical addresses. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Space via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Stasher requests a booking of your Space, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Stasher’s use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and
(b) not conflict with the rights of third parties. Please note that StashHere assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
StashHere reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that StashHere, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You understand and agree that StashHere does not act as an insurer or as a contracting agent for you as a Host. If a Stasher requests a booking of your Space and stores their items in or uses your space, any agreement you enter into with such Stasher is between you and the Stasher and StashHere is not a party thereto. Notwithstanding the foregoing, StashHere serves as the limited authorized agent of the Host for the purpose of accepting payments from Stashers on behalf of the Host and is responsible for transmitting such payments to the Host.
When you create a Listing, you may also choose to include certain requirements and list prohibited items which must be met by the Members who are eligible to request a booking of your Space, including, but not limited to, requiring Members to have a profile picture, connected Facebook account or other SNS account or verified phone number in order to book your Space. Any Member wishing to book Space included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, App and Services.
If you are a Host, StashHere makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Space. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Space at your request or invitation, excluding the Stasher (and the individuals the Stasher invites to the Space, if applicable).
Booking and Financial Terms
If you are a Host and a booking is requested for your Space via the Site or Services, you will be required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by StashHere in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site or Services, we will share with you (i) the first and last name of the Stasher who has requested the booking, and (ii) a disclosure of the items that the Stasher wishes to store, and (iii) the start and end dates of the requested booking period (iiii) a link to the Stasher’s StashHere Account profile page. If you are unable to confirm or decide to reject a booking of a Space within such 48-hour period, any amounts collected by StashHere for the requested booking will be refunded to the applicable Stasher’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Stasher, StashHere will send you an email or text message or other method of notification confirming such booking, depending on the selections you make via the Site and Services. After confirming a booking, if a Stasher wishes to store additional items or remove items, you will receive a notification via storewithStashHere. Inaction on your (the Host’s) part to question or dispute the changes within seventy-two (72) hours will be interpreted as you giving authorization for these changes.
The fees displayed in each Listing are comprised of the Space Fees (defined below), the Service Fees (defined below), and the Processing Fees (defined below). Where applicable, Taxes may be charged in addition to the Space Fees, Service Fees, and Processing Fees. The Space Fees, the Service Fees, the Processing Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Stasher solely relating to a Host’s Space are the “Space Fees”. Please note that it is the Host and not StashHere, which determines the Space Fees. The Space Fee may include a non-refundable cleaning fee at the Host’s discretion. Space Fees may also include applicable state or county parking and storage taxes. The Host will be responsible for paying the Processing Fees in full. You authorize StashHere to deduct a sum from the Space Fees to cover the Processing Fees. You also authorize StashHere to deduct a sum from the Space Fee or bill your account in the event of damage or theft of stored items as contemplated under “Damage to Stored items” and “Theft of Stored Items” below, if applicable.
You agree to pay StashHere for the Total Fees for any booking requested in connection with your StashHere Account if the applicable Host confirms such requested bookings. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that StashHere, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. Once StashHere receives confirmation of your booking from the applicable Host, StashHere will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. You also authorize StashHere to collect additional fees in the event of damage to the Host’s property or Space or Stasher default as contemplated under “Damage to Host’s Property or Space” and “Stasher Default” below, if applicable. Please note that StashHere cannot control any fees that may be charged to a Stasher by his or her bank related to StashHere’s collection of the Total Fees, and StashHere disclaims all liability in this regard.
You agree to disclose the items you wish to store upon requesting a booking. If you wish to store additional items or remove items after completing a booking, you agree to disclose those changes via storewithStashHere. You acknowledge and agree that both StashHere and the Host are not liable for undisclosed items and you accept liability for any damages caused to the Host’s space or property by any undisclosed items.
You acknowledge and agree that you, and not StashHere, will be responsible for performing the obligations of any such agreements, that StashHere is not a party to such agreements, and that, with the exception of its payment obligations above, StashHere disclaims all liability arising from or related to any such agreements.
- Stasher Access To Space
In the listing the Host agrees to provide the times that the Stasher may access Stored Items. In some cases, Host may provide Stasher with means for unlimited Access. Stasher must contact Host at least 24 hours in advance to request Access unless otherwise specified in rental agreement.
The Host is not required to transport or otherwise handle the Stasher’s items. If a Host transports or handles the Stasher’s items, the Host does so at their own risk.
- Space Move-Out Duties
At or before the end of the booking period for the Space, Stasher must vacate the Space completely. Stasher must remove all contents and debris. Stasher must leave the Space in good “broom clean” condition.
- Host Space Fee Collection
Hosts acknowledge that Space Fees will be directly deposited into their bank accounts, net of Service Fees and Processing Fees. Furthermore, hosts acknowledge that they are required to provide correct bank account information in order to accept a booking. Host’s also acknowledge that they are responsible for registering and filing any applicable state or county parking or storages taxes. StashHere is neither responsible nor liable for notifying, collecting or paying any such taxes. Hosts agree to never insist, ask, or insinuate to a Stasher that he or she pay any or all of the Space Fees directly to Host with a check, cash, or any payment method other than by payment through StashHere. If you attempt to do so, you authorize StashHere to deduct a sum from the Space Fee or bill your account for $200 penalty.
StashHere charges a fee to Stashers based upon a percentage of applicable Space Fees, which are referred to herein as “Service Fees”. The standard Service Fee charged by StashHere is fifteen (15) percent of the applicable Space Fee. The Service Fees are added to the Space Fees to calculate the Total Fees. Except as otherwise provided herein, Service Fees are non-refundable.
Processing Fees are to cover the merchant services and direct deposit or ACH processing that StashHere uses to process payments. They will be equivalent to the current rate of merchant services and direct deposit or ACH processing that Stripe, Inc. charges.
If the booking period is one (1) month or less, StashHere will collect from Stasher the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 48 hours of the booking request) and will initiate payment of the Space Fees to the Host after the booking period is over. Additional fees may be charged for Stasher’s delayed removal of stored items. If the booking period exceeds one (1) month, or if the one-month rental period is extended (by agreement between Stasher and Host, or by Stasher’s failure to remove stored items), Stashers will be charged monthly total fees on a recurring basis each month of the booking period, referred to herein as Recurring Payments. StashHere will collect Total Fees and initiate payment of Space Fees net of Processing Fees to Host at the end of the rental period- each month- when storage services have been rendered. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize StashHere, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services. If Host and Stasher agree to a booking period of less than one month, or an extension for a partial month, StashHere shall collect Total Fees and initiate payment of Space Fees net of Processing Fees on the basis of the pro rata portion of the monthly Fees, or as the rental agreement may otherwise specify for shorter terms.
- Guranteed Payments
StashHere offers Hosts a limited guarantee of payment. When a Booking Request is confirmed, and payment for the first month of the Booking Period is validated, StashHere guarantees that in subsequent months, should a Stasher default on all or a portion of Total Fees, StashHere will compensate a Host for up to one month of Space Fees, net of Services Fees and Processing Fees and any expenses incurred during collection and move-out process.
- Cancellations and Refunds
If, as a Stasher, you cancel your requested booking before the requested booking is confirmed by a Host, StashHere will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Stasher or Host, you wish to cancel a confirmed booking prior to one (1) week before the confirmed booking start date, then no penalties will occur. If a Host needs to cancel less than one (1) week prior to the confirmed booking start date, then the Host will receive a Warning. Multiple Warnings may lead to Host being banned from the Site, App and Services at the sole discretion of StashHere. If a Host must cancel a confirmed booking within twenty-four (24) hours of the agreed upon start time, the Host will be charged a twenty dollar (20) inconvenience fee, ten dollars (10) of which to be paid to the Stasher, and ten dollars (10) of which to be paid to StashHere, at the sole discretion of StashHere. If a Stasher must cancel a confirmed booking within twenty-four (24) hours of the agreed upon start time, the Stasher will be partially refunded the amount already paid, less 20% of the listing price to be paid to the Host and less any booking fees.
If a Host must cancel a confirmed booking after the booking period has already begun, the Stasher will receive a full refund from the Host, less any Service Fees and Processing Fees for the entire month leading up to the date of cancellation. Any cancellations of a confirmed booking by the Host shall be considered “eviction” and is subject to the conditions further contemplated under “18.Eviction” below. If a Stasher cancels a confirmed booking at any point after the booking period has begun then the Stasher forfeits all rent that has already been paid.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. StashHere cannot and does not offer Tax-related advice to any Members of the Site and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
You understand and agree that any discount will only be applicable if you have not previously rented a space on the StashHere platform.
Protection For Host’s Property
StashHere strongly recommends that Hosts check their homeowners’ or Stashers’ insurance policy or speak to their agent to verify that their coverage includes damage to Host’s property caused by an invited guest (such as a Stasher) entering or exiting the Host’s Space, or otherwise caused by the property being stored. StashHere assumes no liability for damage to the host’s property.
Damage to Host’s Property or Space
You agree that under the following circumstances the Stasher may be charged for damages done to the Host’s property or Space: (i) the Stasher has engaged in or was privy to unauthorized use of the Host’s space as outlined in “Use of Space and Prohibited Items” below, resulting in damage to the Host’s property or Space; or (ii) The Stasher has violated Host rules (as described in “Host Rules” below) resulting in damage to the Host’s property or Space; or (iii) the Stasher stored undisclosed items (items not disclosed during booking) or items prohibited by Host (in Host’s listing) without the Host’s knowledge and the storage of those undisclosed or prohibited items resulted in damage to the Host’s property or Space; or (iv) the Stasher’s storage activities, including moving items into or out of the Space, or visiting the space, has resulted in damages to Host’s property or Space. You authorize StashHere to determine the amount charged to the Stasher, if any, except in cases exceeding (1000) dollars in damages (as determined by StashHere), which will then be determined by professional arbitration (see “27.Arbitration” below) between the Host and Stasher. The Stasher agrees to pay associated arbitration fees in those cases described above.
Damage to Stored Items
You agree that the Hosts are only held responsible for up to one hundred (100) dollars of damages to the Stasher’s Stored Items (as determined by StashHere), to be paid by the Host to the Stasher, except in the cases outlined below, where the Host may be responsible for up to one thousand (1000) dollars or damages:
Cases of (i) purposeful or accidental damage done to the Stasher’s stored items by the Host or those with authorized access to the Host’s property; or (ii) failure to take reasonable measures to maintain standards of Space as it appeared in the Host’s listing, which resulted in damage the Stasher’s stored items.
For their own protection Host’s are encouraged to record the initial state of the items being stored by the Stasher.
In the event that the Host is found responsible for damages to the stored items as outlined in the cases above, you authorize StashHere to determine the amount to be charged to the Host, if any except in cases exceeding one thousand (1000) dollars in damages (as determined by StashHere), which will then be determined by professional arbitration (see “27. Arbitration” below) between the Host and Stasher. The Host agrees to pay associated arbitration fees in the cases where the Host is found responsible for damage to Stasher’s Stored items as described above.
Theft of Stored Items
The Host agrees to compensate the Stasher for lost or stolen items unless a (i) police report is filed and the police determine that there is evidence of forcible or unlawful entry into the Host’s Space; or (ii) the Stasher is found to have made unauthorized visits to the Space or unauthorized changes to the items stored therein, resulting in lost or stolen items. Except in the above outlined cases, the Host authorizes StashHere to determine the amount to be charged to the Host, if any, except in cases exceeding one thousand (1000) dollars in damages (as determined by StashHere), which will then be determined by professional arbitration (see “27.Arbitration” below) between the Host and Stasher. The Host agrees to pay associated arbitration fees in the event of lost or stolen items except in the cases outlined above.
StashHere does not endorse any Members or any Space. You are responsible for determining the suitability of others who you contact or contact you via the Site and Services. StashHere will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from StashHere with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site, App and Services regarding any bookings or Listings made by you.
Use of Space and Prohibited Items
STASHER AGREES NOT TO USE THE SPACE FOR ANY UNLAWFUL PURPOSE. THE SPACE IS TO BE USED BY STASHER ONLY FOR STORAGE OF PERSONAL PROPERTY. USE OF THE SPACE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS, SUCH AS USE OF THE SPACE FOR WORK, RECREATION, DRUG USE OR SEXUAL ACTIVITY IS EXPRESSLY PROHIBITED. STORAGE OF EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS, PESTICIDES OR OTHER TOXIC CHEMICALS, WASTE OF ANY KIND, FIREARMS, AMMUNITION, ILLEGAL DRUGS OR OTHER CONTROLLED SUBSTANCES, STOLEN GOODS OR OTHER CONTRABAND, PERISHABLE FOOD ITEMS, SPOILED FOOD, LIVING OR DECEASED ANIMALS, INFESTED ITEMS, MOLDY ITEMS, ANY ITEM THAT EMITS FUMES OR A STRONG ODOR OR ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE HOST ON THE LISTING IS EXPRESSLY PROHIBITED.
Upon breach, or Host’s reasonable suspicion of breach, of these terms, the Stasher agrees that the Host has the right to immediately terminate the booking agreement and to ask Stasher to remove the items from the Host’s premises. Host shall provide reasonable notice and opportunity for Stasher to cure such breach or otherwise remove such items. If Stasher does not remove such items upon reasonable notice and opportunity to cure, such items may be removed by Host and shall be subject to forfeiture by Stasher. Host may also contact Law Enforcement or other authorities to report illegal activities of Stasher. If Host reasonably suspects the storage of items in breach of the above prohibitions, or other illegal activities, the Stasher hereby agrees to give permission for authorities to search the stored items without a warrant. Stasher agrees to release, indemnify, and hold Host harmless from and against any and all liability arising from or relating to the removal or forfeiture of stored property, or the Stasher’s breach of this provision, including any allegations or investigations relating thereto. Stasher shall forfeit all Space Fees and Service Fees and Processing Fees paid up the date of termination hereunder.
Risk of Personal Injury Due to Host’s Negligence
Stasher agrees that the use of the Space is at Stasher’s sole risk. Stasher agrees that, without limiting any duties of the Host to take reasonable steps to protect Stasher’s property, Host shall have no liability to Stasher or Stasher’s invitees for any personal or bodily injury except in the event of Host’s gross negligence or willful misconduct. Stasher hereby waives and disclaims any and all claims or causes of action Stasher may have against Host, in the event of personal or bodily injury to Stasher or Stasher’s invitees, except as a result of Host’s gross negligence or willful misconduct.
The Stasher, Stasher’s employees, agent, family, guests and other invitees agree to comply with Host’s rules and policies and any other rules which are contained in the Listing. Failure to comply with Host’s rules as found in the Listing may result in (i) the Stasher being held in Default (as described “13.Default by Stasher”) and (ii) the Stasher being held liable for damages to the Host’s property or Space.
Default By Stasher
Stasher will be in “default” if: (a) Stasher has failed to pay any sum when due under the Listing, or (b) Stasher has failed to notify Host of a change in Stasher’s address or phone number as required in these terms; or (c) Stasher has provided false or incorrect information to Host or in any mailing address changes submitted to Host; or (d) Stasher has failed to vacate the Space by the end of their confirmed Booking period; or (e) Stasher has failed to comply with any other provision of these Terms, or any supplemental rules in the Listing or provided by Host; or (f) Stasher has violated health, safety or criminal laws on the Host’s property, regardless of whether arrest or conviction has occurred. Failure of StashHere or Host to enforce any of these Terms shall not constitute waiver of such Term(s).
Any Stasher found in default may be charged a two hundred (200) dollar inconvenience fee to be paid directly to StashHere.
If Stasher is in “default,” Host shall take reasonable steps to notify Stasher of such default, and provide Stasher a reasonable opportunity to cure such default. If Stasher fails to cure such default, after receiving such notice and opportunity to cure, Host may exercise one or more of the following remedies:
(a) Deny Stasher access to the Space or Stasher’s property until default is cured;
(b) Terminate Stasher’s Booking by giving Stasher three (3) days’ notice to vacate; and if Stasher fails to vacate and Host files an eviction lawsuit, Stasher will pay Host’s attorneys’ fees and court costs plus a reasonable judicial eviction charge for Host’s time, inconvenience and overhead for filing the eviction suit;
(c) Collect charges as appropriate and exercise any other remedy allowed by law; and/or
(d) Enforce Host’s lien by seizure and sale of all contents in the Space by nonjudicial foreclosure under the Host’s local and state codes.
Seizure and sale will only be for default in paying sums due to Host. Host may accept partial payments but only payments in full, including applicable fees, will stop a lien sale.
(e) After seizure, any attempt to reclaim the seized property by Stasher without paying in full the sums due Host, including applicable fees, may result in Host pursuing prosecution for such act.
The Host may choose to evict the Stasher in cases of “default” as described above in “Default by Stasher”. If a Host chooses to evict a Stasher, the Host may follow the procedure as outlined in “Host’s Remedy” above.
If the Host chooses to evict a Stasher who is not found in “default,” the Host (i) must give the Stasher thirty (30) days advance notice to vacate and (ii) will be charged a sixty (60) dollar penalty fee to be paid to Stasher. In cases that the Host fails to meet one or both of the conditions for eviction, the Host may not evict the Stasher, except under extreme circumstances as determined by StashHere.
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SITE, SERVICES AND CONTENT.
In connection with your use of our Site and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
- “stalk” or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a StashHere Stasher or Host;
- offer, as a Host, any Space that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Space as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
- register for more than one StashHere Account or register for a StashHere Account on behalf of an individual other than yourself;
- contact a Host for any purpose other than asking a question related to a booking, such Host’s Space or Listings;
- contact a Stasher for any purpose other than asking a question related to a booking or such Stasher’s use of the Site, App and Services;
- when acting as a Stasher or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to StashHere, without StashHere’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site or Services;
- use the Site and Services to find a Host or Stasher and then complete a booking of a Space transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees and Processing Fees related to StashHere’s provision of the Services;
- as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, or any individual element within the Site or Services, StashHere’s name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without StashHere’s express written consent;
- access, tamper with, or use non-public areas of the Site StashHere’s computer systems, or the technical delivery systems of StashHere’s providers;
- attempt to probe, scan, or test the vulnerability of any StashHere system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by StashHere or any of StashHere’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Reporting Abuse or Misconduct
If you rent Space to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who
- engages in offensive, violent or sexually inappropriate behavior,
- you suspect of stealing from you, or
- engages in any other disturbing conduct,
You should immediately report such person to the appropriate authorities and then to StashHere by contacting us with your police station and report number at admin@STASHHERE.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Termination and Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your StashHere Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event StashHere terminates these Terms, or your access to our Site and Services or deactivates or cancels your StashHere Account you will remain liable for all amounts due hereunder. You may cancel your StashHere Account at any time via the “Cancel Account” feature of the Services or by sending an email to admin@STASHHERE.com. Please note that if your StashHere Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT STASHHERE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STASHHERE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. STASHHERE MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. STASHHERE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACE, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STASHHERE OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR STASHERS. YOU UNDERSTAND THAT STASHHERE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. STASHHERE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, STASHERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY STASHHERE. NOTWITHSTANDING STASHHERE’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM STASHERS ON BEHALF OF THE HOSTS, STASHHERE EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY STASHER OR OTHER THIRD PARTY.
Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF STASHHERE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER STASHHERE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STASHHERE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE STASHHERE HOST GUARANTEE, IN NO EVENT WILL STASHHERE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A STASHER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY STASHHERE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STASHHERE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold StashHere and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(a) your access to or use of the Site Services, or Collective Content or your violation of these Terms;
(b) your Member Content;
(c) any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Space by you; and
(d) your (i) interaction with any Member, (ii) booking of a Space, (iii) creation of a Listing or (iv) the use, condition or rental of a Space by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Space.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to StashHere a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. StashHere does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to StashHere the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or StashHere’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that StashHere is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by StashHere of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
You and StashHere mutually agree and acknowledge that all claims and disputes arising under or relating to these Terms and Conditions, or the breach, termination, enforcement, or interpretation or validity thereof are to be settled by binding arbitration in Salt Lake City, Utah or another location mutually agreeable to the parties, and not in a court of law. The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the “AAA”.
You and StashHere both acknowledge and agree that we are each waiving the right to trial by jury in all arbitrable disputes. You and StashHere also both acknowledge and agree that we are each waiving the right to participating as a plaintiff or class member in any purported class action or representative proceeding in all such disputes. Further, unless You and StashHere otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.
Exceptions to this Arbitration Agreement include (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Any claim in exception to the above agreement to arbitration shall be brought into judicial proceeding in a court of competent jurisdiction.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful, those unenforceable or unlawful portions shall be severed from these terms. The severance of unenforceable or unlawful portions of this Arbitration Agreement shall not have any impact on the remainder of the Arbitration Agreement, which shall be given full force and effect.
StashHere reserves the right, in its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees (defined below) or Processing Fees (defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site, or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at admin@STASHHERE.com or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of StashHere and you hereby irrevocably assign to StashHere and agree to irrevocably assign to StashHere all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At StashHere’s request and expense, you will execute documents and take such further acts as StashHere may reasonably request to assist StashHere to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.